|
WASHINGTON November 30.
"When the senate was about convening on
Sdny, Mr. Smith, of Ohio, entered their
Amber. Having exhibited a record from
' circuit court ot Virginia, attesting that
olle prosequi had been entered oh the in-
rmonts for treason and misdemeanor
inst him, and expressed a purpnseto take
scat, it was intimated to him by Dr.
roll ill, that it was the opinion of some
rubers of the body that an inquiry ought
viously to be made with respect to his
-plication in any transactions hostile to
petce of the union. This induced him
wave taking his seat that day, to allow
measures to be taken which the senate
lit see fit.
-r_Vrrn the senate had formed, Mr. Ma«-
P__offered the following resolution :
"f^^tesolved, That a committee be appointed
inquire and report to the senate their
-j Ttion whether John Smith, a senator from
^j— state of Ohio, ought not not to be ex
!_erl from the senate in consequence of the
_^- * which he took in the conspiracy of
^on Burr against the peace and prosperity
the United States, or what other steps
their opinion it may be necessary and
__m -pt-r under the present circumstances for
__ senate to adopt.
^~Zm Ty Pope moved to amend this resolution,
s-nake way for which amendment Mr.
^3iav withdrew his resolution.
;\lr Thruston moved the following reso-
— ^yn as an amendment, omitting that part
-i ralics, which Dr. Jones moved as an
^=- 'dmetit to the amendment :
' _^-£esolved, That a committee be appointed
^=- nquire whether it be compatiable with
J-ionor and privileges of this house, that
J- ^-% Smith a senator from the state of Ohio,
- ^-ist whom bills a\ indictment were found
C Jne circuit court of Virginia, held at
_ f x mond in August last, for treason and
<=f emeanor, should be permitted any Ion-
t: o have a seat therein, and that the
Sf _-»-» a-riittee do enquire into all the facts re-
^2 >'g the conduct of Mr. Smith, as an al-
S^^ ^V associate of Aaron Burr, and report the
a»*
to the senate.
this state of the business we entered
ena'e-
-. Hillhouse objected eo the reso'ntion
tr-Jt" ground of allowing the committee
«^ * ,^^/idc a latitude.
**r>Cjv,E«" - Adams vindicated the resolution from
«t>fo1eetion
**
•£-**
r- . Pope moved an adjournment to allow
§-» t?r time for reflecting on the most cor-
t course to be pussued.
*"^"CWf *~ - Thruston advocated the powers given
t f-, e resolution to the committee ; and in
t*.y , _r- to some observations, previously made,
^''P 3rJ " r r
t proper course :
^^^flffsoi'^cd, That the message of the presi
J of the United States Of November 23,
,"fc'*?7. together with the documents which
^-® nrnpaiiifil the same, be referred to a com-
aC5ltee to inquire how far John Smith, a
¦*">' Viit>f *¦ c^ ,'1"'s st'nate" ^as *3een connected
**?!»« 0r concerned in the transactions there-
y* ferred to, and report whether any and
>ia t proceedings ought to be had by this
""*' .tjte in relation to said John Smith, and
»*'"¦ lCl for p.rsons, papers and records.
*° k/[r. Tiffin rose merely to state that he
seen attested copies of the record in the
0f Mr. Smith, and to communicate to
*la senate the contents of a letter which
**ne|aatJ'just received from him. This letter
folio'"''5
liaH
Washington, November 27,
Denr
Sir,
Just
having heard that a motion is pertd
in ST
:n the senate to appoint a committee to
j,e into cetain charges exhibited against
* at Richmond, by the late grand jury,
?". ^ you, sir, to assure the senate in my
~~ . |(- that nothing will afford me more
i ,ure than to ^ave PUDMC investigation
F, tjie said charges and an opportunity to
°. jjcate my innocence, and I beg you
lr -. vuor seat to make this statement.
1 am. dear sir
respectfully yours, &c.
JOHN SMITH.
Hon, Mr. Tiffin.
¦Mr. S. Smith said, that however unplea-
t-it might be, it was the duty of the Se
Sa te to meet the proposed enquiry. It did
113 follow that such investigation would go
11°cr;rninate Mr. Smith. It might, on the
.,„,« issue in his exculpation. He un-
^ ctood that that gentleman had expressed
7^ conviction that a full investigation
,\A c mpletely exculpate him from the
, „es which had been preferred against
f-m Be this as it might, mr. S. thought
v, re were circumstances which had been
,. ' iosed at Richmond, which called upon
, Senate to go into the inquiry. He al-
, j lo the testimony ot Blanncrhassett's
dener and lieut. Jackson. He had, how/
£>al heard that Mr. .H..thought it in his
C -wer t° ^° away the charges flowing from
1 ne statements Why an opportunity to-
j thi; should be refused, he could not un-
, taiid. l^e added that he perceived no
. •' CJlo)i to 3n examination of two of the
0 ' ,'.ers of l',e gtand jury, who held seats
the other house, w th regard lo the
nds on which the bills of indictment
?"j u»pt\ tound, from which examination it
had rjecu
Id apPear< whether there was any r.eces
. for seeding for other testimony. These
;»Warioi»s would induce him to vote for
consiu^1 j . .I,
, resolution, at the same time that he was
Vttle solicitous as to the particular resoluti-
on which should be adopted.
in
crrour
Mr. MitchiH stated that Mr. Smith nad
expressed to him his regret at not having
been tried at Richmond on both the char-;
ges preferred against him, as he was con-
fident that he could have established his in-
nocence. What was the object of the resolu-
tion ? To give him this oportunity ; to al-
low him the only resource that remained ;
to allow him to be tried here by his peers.
Therefore so far as related to the character
of Mr. Smith, or to the dignity of the se-
nate, the inquiry seemed a proper one ;
and he should consequently vote for the re-
solution.
Mr. Thruston said that he felt some de-
licacy in having hazarded an opinion, on
the subject of testimony, which seemed in
some respect to militate against the provisi-
ons of the constitution. What he had ut-
tered on this point had been the result of
momentary impressions, and might, possi-
bly, on further reflection, be considered
even by himself as erroneous. He should
be sorry that on a point of so much impor-
tance any thing which had thus hastily (al-
ien from him should go abroad, which
might be erroneous. But as the remark
had dropped trom him, he would briefly
state the grounds on which he had made it,
which be s'ill felt to be satisfactory. He
was still of opinion that the senate in such
a case were not bound by the technical
rules of la* as rigidly observed in courts.
Various considerations C mpelled them to
pay particular regard to their character and
convenience. Hence the constitution had
conferred upon them an unlimited power to
expel a member. In such a case thpy were
constituted both accusers and judges, in di-
rect vi 'lation of the common principles of
law. A member might be expelled for acts,
which wnuld not render him amenable to a
court of justice He was, therefore, of opi-
nion that in this case the senate might de-
cide upon what appeared to them credible
testimony, although it should not be of
such a character as would be admitted in a
eourt of law.
The questi n was then taken on the re-
solution offered by Mr. Thruston, and a-
mended by Mr. Jones, and carried without
a division ; Messrs. Adams, Maclay,
Franklin, Smith, of Ma.yland, Pope,
Thurston and Anderson were appointed
the committee.
In the course of the proceedings, Mr.
White read the following resolution, as
such an one as he thought it most expedient
to adopt : ,
Resolved, That a committee be appointed
to enquire « hether any, and what proceed-
ines should be had against John Smith, a
Senator from the State of Ohio, in relation
to any connexion he may be supposed to
have had with the conspiracy or any illegal
enterprise of Aaron Burr, and that the said
committee have power to send for persons,
papers and records, on the subject commit-
ted to them, and to report the facts to the
Stnate.
NEW-YORK, December 2.
The secretary of war has received from
New-Orleans two grisly bears. They are,
as their names indicate, of a grey colour,
and in their native woods grow to an im-
mense size, it is said so as to weigh 7 or
800 wt. they are then extremely fierce.
The annimals sent to yen. Dearborn were
caught when very young, and are now per-
tectly tame. Grisly, bears are so fierce and
formidable that the indians never attack
them, except in large companies ; in which
case generally one or more of them become
a sacrifice to theirtemerity. G-.vernor Lou-
is, when in the Missouri country, was pur-
sued by a Grisly bear, and to save himself
dashed into the river, where he remained
up to his neck in water ; while the bear,
unable to pursue him (for one of the pecu-
liarities of this species is an incapability of
taking the water) remained growling fur
some time on the bank ; at last it retired to
the woods, and left our distinguighed travel-
ler rejoicing at his ability to rejoin his com-
panions. These bears are considered as
gieat curiosities, and are to be sent to Peal's
Museum in Philadelphia, for the inspection
of the curious.
Arrived, ship Elizabeth, Rea, 60 days
from Cork, in ballast. Left, ship Liberty,
to sail in 2 days from for New-York. Nov.
I, lat. 41, 56, long. 50, spoke barque
Leopard, from SaLin for Leghorn, nth,
lat. 38, long. 62, 30, spoke ship Mount
Vernon, from Calcutta for Salem. Lat.
38, 44, long. 67. spoke ship Philadelphia,
2 days from Philadelphia for Liverpool.
Ship Mary, Richaids, from Antwerp,
and 42 days from the Downs, whers she
was detained a few hours, in ballast. Sail-
ed frvin the Downs Oct. 19, the Woodrop
Sims, for Philadelphia. Left in the Downs,
ship General Hamilton, Shaler, for Am-
sterdam ; ship Rose, of Alexandria, from
Baltimore, for do. ; barque 2 Brothers, Gard-
ner, from New-York f r do. ; brig Nancy,
of Ntwburyport fordo.; brigBulia, Rhodes,
from Bost: n for do. ; shipLibeity, Young,
from New-York for do. j all liberated, and
al' abuut sailing. Left at Antwerp, Sept.
2C, ship Thomas Wilson, of Philad. for N.
Orleans; brig Dragon, of N. Bedford, had
been ash. re, but got off by unloading. A
brig ftom N. Y. for Antwerp, was wrecked
nearFlushing, about 50 days since.. The brig
Oioziinbo, trom N. Bedford, with a cargo
of oil, having been detained a few hours in
Ei.gland, unloaded at Antwerp v. hile her
case was pending, but it was decreed that
her cargo could not be entered, and she was
taking it in again. The ship Henry, from
Amsterdam for N. York, was sent into the
Downs. Nov. 1, lat. 42, long. 35, 30,
spoke ship Eliza, Munro, 23 days from N.
York for Cadiz. 14th, lat. 39, 40, long.
69, 40, spoke ship Concord, 2 days from
from New-York for Lisbon.
Sch'r Industry, Spencer, (mentioned yes-
terday) 50 days from Port-Matia, Jamaica,
with 150 ps. rum. Oct. 31. lat. 22, long.
45. spoke brig Edward & Charles, of Bath,
75 davs from. Bordeaux, for N. Orleans.—
T " Nov. 13, sent a boat to a brig on Flo-
rida Reef, which proved" to be the Hermo-
phrodite Industry, supposed to be from Ha-
vana, as she was full of sugar, no one on
biard, tight, and the cargo in good order ;
took off some sugar, sails, &c. some of her
sails, and all the Seaman's clothing, &c.
had been taken away
Sl:>op Independence, Somers, Charles-
ton.
Below, last night, becalmed, 3 ships, 4
or more brigs, and 2 schooners.
One of the ships is the Ambition, 46
days from Amsterdam.
Cleared, ships Sarah, Gardner, Charles-
ton ; Rising States, J ones, do.; brig Jane,
Lynch, Antigua ; Adeline, Christain, Ha-
vana ; sch'r Mentor, Coalman, Bermuda ;
I Connecticut, Wasson, Charleston ; sloop
Richard Alfred, Terbell, New-Providence.
HOLSTEIN, Sept. iO.
•On the i4th instant another ordinance
was published relative to the privateers, and
the establishment of courts for the adjudica-
tion of prizes. These courts are to be es-
tablished at Fle'nsb'ufg, Altona, -and other
1 places ; as in this ordinance the principle
'. that principle that " free ships make free
1 goods," is laid down as not to be departed
, from, the privateers are strictly fbrbiden to
¦bring in any ships, either of friendly or neu-
tral nations, let the cargo appertain to whom
may, if the ship's papers are found to be re-
gular, and she be not'loaded with contraband
of war, destined for an English" port. As
fiee ships make free goods, so on the other
hand, the opposite principle, that enemy's
ships make enemy's goods, is likewise to be
acted on, unless it can be satisfactorily
shewn that the cargo is neutral property,
and was put on board before the commence-
ment of the war.
FEDERAL G \ZETTE.
PHILADELPHIA, Dec. 3.
Agreeably to the constitution of Pennsyl-
vania, the members of the senate, and of
the house of representatives, assembled in
their respective chambers on Tuesday last,
when Presley Carr Line ¦< as chosen spea-
ker of the senate and Simon Snyder spea-
kear of the house of representarives.
The voves, in the house of representa-
tives, were as folio "« :
From Simon Snyder, 43
Charles Porter, 41
Arrived, ship Brutus, Crai', Antwerp,
via Coik, 44 clays ; William P. Johnston,
Wells, Amsterdam, via Ne¦» York, 90;
brig Unanimous, Hathorn, Havana, 16, su-
gars ; sch'r Margaret, K. Bayley, Smith,do
16 do ; Adeline, Jones, St. Jago de Cuba,
29, coffee and hides, &c.—Exertion,Brown,
N. Carolina, 11, naval stores.
Cleared, brig Marys, Eldiidge, St. Jago
de Cuba.
Same day, sch'r Adeline. Jones, from St.
Jago de Cuba. Left there, Nov. 4th, brig
James and William, Dawson, of and for
Philadelphia, in 4 days ; sch'r Caroline,
H pkins, of and from Norfolk, just arrived ;
saw an American ship from New Orleans,
at anchor off the Moro. Nov. 8, between
Cape Maize and Cape Nichola Mole, was
br light to and boarded by the British fri-
gate Deadless, capt. Warren, who sent a
lieutenant on board, and politely demand-
ed the Vessel's papers, and all the let-
ters, which were fifty-nine in number ;
he carried them on board, and after four
hours, sent a midshipman with the pppsrs
and letters, with forty nine of them broken
opsn. From Nov. 9th to 27th, the wind
variable, from N. by W. to W. by S. and
constant gales, m,.st of the time obliged to
lie to under a double reefed, and sometimes
a 3 reefed fore sail, the sea running moun-
tains h'gh, which stove in part of the wash-
boards on one side, and carried them out on
the other. In lat. 34, 47, long. 71,30,
' spoke a ship of and from Bremen, bouad to
Norfolk, out nineteen "weeks, sh. rt of provi-
sions, had lost the head of her foremast,
fore top mast, and mizen mast, had up ajury
fore top mast, and was steering 10 the south-
ward.
Journal of the customs at A?itwerp—No 209,
far October, i807.
Vessels having touched at England.
The 7th article of the I nperial uecree of
the 21st of November, 1807 forbids the ad
mission into our ports of any vessel coming
direct from England or the English colonies
—or that may have been there since the
promulgation of the decree.
The 8th article directs that any vessel,
which, by a false declarau n, shall contra-
travene thisdisposilion, shall, together with
her cargo be »eiz-.'d and confiscated as Eng-
lish property.
The director general notifies by a ciicu
lar of the 4th of this month, that his impe-
rial majesty has dtcided, that these two
articles shall be fully and strictly enforced ;
and that any vessel that has touched at, or
been sent into England, cannot be admit-
ted.
Hence the immediate departure of vessels
thus circumstanced, will be exacted, whatever
causes of compulsion or justification may
be ailed ged in their favor.
CHARLESTON, Nov. 20.
Arrived, schr. Ceres, Wing, Matanzas,
11 days ; schr. Resolution, O'Driscol, Ha-
vana, 11 ; schr. Swift, Swift, Philadelphia,
8 ; schr. Edmund, Buckley, New-York,
5 ; sloop Lark, Allen, Havana, 27 ; sloop
Republican, Brown, Savannah, 2 ; sloop
Good intent, Allen Providence, R. I. 9.
Cleared, brig Adventure, Lague, Hava-
na, sloop Semiramis, Slocum, New-York.
The ship Hindostan, airived off Tybee,
e-n Sunday last, in 62 days from Africa—
she has on board from 450 to 500 slaves.
The influenza prevails very generally at
Georgetown, and has carried off a number
of the oldest and most tespectable inhabit-
ants of the place.
November 21.
Arrrived, schr. Mary, Wormell, Phila-
delphia, 7 days ; sloop Charlotte, Cart-
wright, Nantucket, 20 ; sloop Nancy, Gor-
ham, Savannah, I.
Cleared, sloop Mahalq, Prior, Richmond.
Ship Dryade, Barker, from New-York,
and two schrs. one said to be the Wolf,
Travers, from Baltimore, were off the bar
last evening.
On Tuesday last, off the Frying Pan,
capt. Wormell spoke ship John of New-
port, from P-hode-Island., bound to Wil-
mington.
ALEXANDRIA, December 3.
Arrived, sch'r Fletcher & Riley, Riley,
Barbados, ballast.
Regulator, Bowie, Baltimue.
FRIDAY, DECEMBER 4.
A bill has passed the house of assembly
of New-Jersey prohibiting the travelling of
pedlars for sale of foreign manufactured
goods, after the 1st of July next.
In an address latply voted by the mayor
and common council of an antient and ley-
s' city in the kingdom of G-eat-Britain, ¦ e
find the following devout pelition :—'' We
fervently pray to the Almighty, that these
realms mav never want your majesty's royal
descendants to govern the same." ! ! !
[Liverpool paper, j]
For the Federal Gazette.
To the Citizens of Baltimore,
By the contests between the two great-
est powers in Europe endangering our
peace on the one hand, and the advantages
resulting to us from the neutrality of the U.
States on the other, your attention has been
engrossed by the general government, or its
measures. Permit one of your fellow citizens
to call it f r a short time to objects nearer to
your homes, it not more important to your
welfare.
Our government is a complicated Federal
Republic, or several smaller republics with-
in alargerone, if I may be allowed the figure,
and though the anterior republic may be
gliding smoothly down the current of wis-
dom, or struggling against the passions
which assail it, the interior ones may be the
victims of our neglect and the whole be
thrown into disorder and ruin together.
It was not a capricious a puerile specula-
tion, which induced the wise framers of cur
federal constitution, to procure to each ot
our republican state governments the gua-
rantee o'the union ; they knew as well as
the covention which framed the constitution
of Maryland, that ail gevrrnjnent of right
originates from tlye people, is founded in com-
pact only, and instituted solely for the good of
the whole : that there was a mutual depen-
dance bet. een the stale and general govern-
ments, and that if the constitution of any
should be perverted or overturned, every one
would be in danger—Because, asM. Mon-
tesquieu says the spirit of monarchy is -war
and enlargement of dominion ; peace and mo-
deration is the spirit of a republic, and that
these two ki"ds of government cannot mutually
subsist in a confederate republic.
This was in fact, with the necessity of
uniting our eff rts in cases of foreign inva-
sion or aggression under a general head, the
principle cause and obji ct ef the union.—
It is to the legislature of youf state I now
claim your attention
From the stale government we hold more
immediately our property, our liberty, and
our lives. To be persuaded of this, let us
take a view of the powers vested in the le-
gislature of Maryland.
It is the legislaiure of this state that elects
our Senators, and regulates the election of the
members of the House ot Representatives
in Congress.
It chooses our Governor and his Council,
the Chancellor, the Treasurer, the Auditor
of public accounts, and the Register of
wills.
Indirecty, that is, by the Governor and
Council, the legislature appoints our gene-
rals, colonels, captains, & all militia officers ;
our judges, attorney-general, magistrates,
and notary publics ; clerk;, in the recess of
courts ; registers of the land office and sur-
veyors—and in a more remote manner, that
is, by the attorney-general, is appointed his
substitutes, and by the levy courts it ap-
points our assessors, overseers of'the roads,
prisons and poor houses, and the constables,
on whom more than on any other descripti-
on of public functionaries, the peace of so-
ciety and the safety each individual seems
directly to depend.
Thus, excepting the office of sheriff, our
government is a peitect Hyerarchy, of which
the legislature is the head, and even the
sheriff must be approved of and commission,
ed by that body, through the governor and
council.
None of these officers can be removed but
by authority of the state government, and
it stipulates the price of their services, which
can neither be increased nor diminished with-
out its approbation, or that of its officers.
It is the duty of the legislature to regu-
late descents, establishing the titles to our
lands and houses, keep us in peacable posses-
sion thereof ; it has the power of levying
taxes and appropriating the money, of de-
signating offences against the peace of the
state and punishing them ; of educating and
maintaining the poor.
Without the sanction of the state, we
cannot make a street, a road, or build a
college or church, if they effect the existing
order of society, and by its authority all
Ferrys, Taverns, auctions and public exhi-
bitions, are licenced.
It. provides for the pilotage of shipping,
and inspection of produce.
The legislature of the state is the grand
inquest and court of grievances ; and besides
many powers not stated here, it has the ve-
ry important one of originating all amend-
ments to the constitution of the state, and
of originating or sanctioning those of the
general government.
It is true the order of the markets, night
watch, and some other objects of inferior
concern are under certain legislative restric-
tions or regulations, committed to the mayor
and city councils, but no authority is vested
in them, as such, to settle or give judg-
ment of the smallest debt, to arrest or im-
prison the most daring offender of justice.
When the state of Maryland with the o-
ther states declared itse'f independant of
England, the convention of delegates froni
the several counties, confirmed to each coun-
ty, the right of sending four members to
the house of representatives, and the right
of sending two members from the city of An-
napolis. In the face of those liberal and
di.nified sentiments with tvhich they had
prefaced the form of government, the mem-
bers of the convention could n t refuse to
the town of Baliimoreja portion of influence
in the legislature & Baltimore, exclusive of
the county ol that name, possessing a po-
pulati in of seven or eight thousand free-
men, and their descendants, or as many as
several counties of the state then, and
eight or ten times as many as the city
of Annapolis then, or since possessed,
was also allowed two representatives ; and
so it has been represented far thirty years.
Such, however was the jealousy already
existing and such the anxiety 1 j prevent this
devoted spot from deriving a benefit by the .
exclusive prosperity of the rest ot the state
at any future day, that it was provided that,
if the inhabitants of Baltimore decreased, so
that the number of persons hav'tng a right of
suffrage become less than one half the number of
•voters in some one county it should cease to send
tnvo delegates.
And tiioi-gh the city of Annapolis, ani
every county, should retain their whol«
number of delegates at all times and in every
state of things ; though one of the counties .
has since been divided into two, sending
four delegates each, whilst both together arc-
behind us in population, no provision waS
then, or has e.er been made 101 an increase-
with us
Many j ears age the. population of the
town bad doubled what'it was at the for-
mation ef the government, & became equal
to that of most of the counties of the state,
efforts were made by your representatives
and by those friends of your prosperity
which sc me of the counties had sent to the
legislature, to obtain an amendment to the
constitution which would give you a just
proportion of numbers and influence there,
but always without success.
You are now, citizens of Baltimore, as
numerous as the inhabitants oi any county
in the state, though the counties themselves
are all much increased, and no doubt by youc
capital and enterprize, if not by your mis-
takes and losses. (See the table annexed.)
You pay as much towards the support of
the government of the slate, and are as able
aid willing to defend it by your volunteer
militia, armed shipping, or any other eligible
way.
Besides an additional expei ce of ISs. in
the 1001. to maintain your own police inde-
pendent of county assessments, amounting
to 23s. you advance to the the general go-
vernment, on duties or imports, almost all
the portion of revenue received from Mary-
land, which ten years ago was 782.000 dolls.
and, as might be expected trom your capualj
enterprize and population, one half the num-
ber of local acts passed by the legislature
respect the city iSr county of Baltimore, or
the two adjoining counties.
You alone require twice as many laws
each session as the largest counties in the
state, and twenty or thirty times as many in
ail average of years, as some of the counties,
that nevertheless have twice as many dele-
gates as you.
There is not one enemy to yourprospeiity
bold enough to maintain, that such a state
of things is equal, fair- necessary or just, but
Self-love is so interwoven with our na-
ture, that we must excuse them if they hold
their ground, whilst we are ourselves silent
and submissive.
According to your declaration of rights,
the right cf the people to participate in the.
legislature is the best security of liberty, and
the foundation of all. free gcvermnents, that
•whenever the ends of government ms per-
verted and public liberty manifestly endan-
gered, and all other means of redress are i?i-
ejfectual, the people may, and of right ought
to reform the old or establish a new govern-
ment..
These principles had been taught us by
experience, for before the year 177S, w#
found a want of participation on the part o?
the British subjects, to be the great defect
of the British government. The members
of parliament, many of them appointed b |
