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16. 6
TCRS UPON FREMCH INFLUENCE.
, A PEOPt V 4Hi'.VKRD. STATES .,'
Ic United awe iw.w .yM3m.uuwi
n irriunctloh of? secrecy tipon' the two
Congress, or iier vo. inem, ya any
The houspf re(Sreseptaitiyea jiaa established par
ucuiar ruies upon uie suojecc, . it is prpviaea iaai
when a member shall announce tp tbe house thai
i,ic nas a uiuiioii ,10 mane, ne .proceedings upon
which, in hi s opi nion, ougb' t to! be kept Secret,
shjiereri it i WV propyl:. 10 enquirciiuo uic
of .UioW nouses 10 iax autn .mjunwuuit
i W-.. i, .- - . --. St - i ;
ibtir own memoers. ; . .
vo'otort In tli turn KranrliP fit
fltignWleffisiamre, py me consumu, w ucm
. nnnn this sub lectt is contained m the third
Eph of the fifth section of the first article of
litution. which article establishes and de-
lhe legislative functions. ' Each house ?ball
I. murnal of its proceedincrs i and, from time
in thetr judgment require sccrrty ! nu kic
,nrt navs ot tne memoers.oi euner nousc, on
w - . , . t - f f r : e
i,tfton, shall atnne aesire ot one nyr., oi
ptesent be entered4on tne journal." i ms
Lh is uaturally connected with that which
before it." "liaennouse may aetermine me
of its proceedings pumsh its members tor
Itrlv behaviour; anu witn me concurrence. oi
birds expel a member,", The provision in
Irestnt constitution respecting a secret jour-
ppears to have oecn m some measure ueuv-
BID tne Jul IKUUU Vi uic immi auiuv yi uw
Infederation- of the states. 1 he , congress
V United States shall, have power to adjourn
it time within the year, and tOv any place
If then tfiTiSTnisfir r.f'A'
COuld with iniDunitVil That ori thU'or'rasintt .ha.fn 1 nna.r. ' . n.. m '
- t - ; " "KSvUIVUW (Hdl
ing -burrrt the barn and hay of Mr. Othiel Gorton,
iuicu aumc oi his stocK anq commitrea ptner out
rages ; Gardner and five or six Others were bro't
shall Je setfet or hot.: Theliousa Ksoatietimes
irnjiieiatelydeterminesthat the proceedings sh-jll
D.ot'be kept see'et, as lnthe casei of a .motion
which was rriade Tor the sequestration of debts due
lijybiLcitijzeris of "the United States to British sub
jccts But no instancejs recollected in which the
house literally pursued its own rule, and , eler
mined bjra formal vote that proceedings Upon a
motion made' with closed doors, should be kept se ,
cret. " 1 he house, therefore does not, in the cases
mentioned,? pursue1 theHetter pf the constitution
ana ot its oyn ruie Avnicn.is miennea to carry mat
provision of the cphsti'utionjrito euj2Ct.IrluwTfar,
then, is thjfutelpbriglitryT" upon the members?
Another rule provides that when confidential
me&sage ii vece'ived from the president, the pro
ceedings upon such message shall be secret, un
tif the house" shall otherwise deei mine. But no
thing is said respecting documents which ma'y b
communicated "with the message ,The5;.(brtt,
in fact no part of the " proceedihfes'of the house,
being merely matter of information to bear uppn
those, proceedings. They are never recorded in
the "journal of its proceedings,'' and it isonly
"such parts of the "journal of its proceedings'
as 'may in their judgment require secrecy,'' that
they have a right to conceal. This will lead us to
the 'investigation of a " question."..'-: .
the tnitd States, so that no period of ad-i In, a late paper we noticed that a certain person
.... . i-i. i . j. u ii i t r f r.;. t t u. i r..-
. -y ....,. .., o j ..
ward as a candidate for a ludee bf ftne of the
courts of Common Pleas hi the state of Rhode
Island. The notice we took of him stated that
'he had been whipped and pilloried for an infa
' mous crime, nevertheless-he was supported by
some of the first men in that state, and by a
cbTTitderable number of the dtinocrftUc wtm'
bers of the, legislature.' , ( " ?
We promised nmie of our friends a further, ac
count of this man," which promise; we now com,
. ply with by giving the ' following extract from
the proceedings of theleislatureof Rhode, Isl-
and, copied froni the "Mwjiort 'Mertftry of the
Sd of May last. , . . ' Mrfolk Ledger.
In thel choice of judges of the court of com
mon .pleas for thecouDty1 it Kent, ; a democratic
member nominated a man by the name of Gaixl
ner, in opposition to -tke present judge Nichols.
A member from that county begged that this no
mination mi ghf be abandoned : whiclibcing re
fused, he Stated inliis place, that Samuel Gard
ner, the candidate,' had been convicted befdre the
supreme tourt of ,an infamous cr'utie for which
he was sentenced to stand in the pillory, and be
whipped at',lh9;'wrt',8ja11M!:hich..senteoce hi (the
member) had himself been.duly executed : ,This
declaration produced no surprise : the fact was be
fore (notorious, and the only. effect it liad was to
iharnen the 2eat of the cuTTMtPs friends. One
member corhnlaihed. that this icharce had afreadyH
been three times brought up against, Gardner in
the general ajsselnblyf forgetting that the disgrace
was theirs, who by their support ot such a maj,
rendered the exposure of- liis crime necessary
Another member said, that many of Gardner s
neighbors thought his conviction and punishment
unmerited ana mat at any rate, it was, an oiq sto-
ryj-and ough-tio longer tor bf emefrr&ered,forj
that , he had been several years a member ot tie
general assembly, and likewise had, been a judge
before. His excellency the governor then inform
ed the: committee, that he had heard the late juV.ge
Bourn wha it appeared had been counsel for the;
Criminal) say, hat lie did not believe Gardner was i
guilty of the crime for which lie was punished, and
that in his opinion he was convicted by mistake.
The speaker also summed up and urged all the
arguments " in fayof of the criminal's pretensions
to become an honorable judge : particularly insist
ing upon his having been before a judge and Z
member of the general assembly. To these re
commendations it was answered,, that every mem
ber advocating the criminal had confessed the fact
of his having been convicted of aft infamous "crime
and publicly whipped. ,1 hat no man pretended to
be possessed of ' anjr knowledge -or evideflce by
which jue conviction could be proved erroneous.
On the contrary, m opposition to the verdicts of
the grand and petit juries, (who had all the evi
dence before them, and were under oath td decide
according to that evidence,) in opposition to these
verdicts 'and the judgment of the supreme court,
nothing was ' alleged . but the mere surmise or
opinion jof some of the culprit's neighbors and
triends that he was not guilty, .Were the; verdicts
of juries and the judgment's of courts to soj es-.
timated and valued ever by the legislatursijof the
stateand that too for the purpose of raising a con-
'Vieuo" 6 pcfst qf honor tJt:w.wheftmarlcefl
that the man himsell had manifested his conscious
ness. of the justness of ' his punishment, by never
having applied for a new trial. . The nomination
of this man r hbwever was stiirperststel inj and hje
Teceived the vote3 ' of, S4 democratic' members,
failing of his ludgeship only by 4 votes. 1 ' -r
luAn consequence of the high favor in which this
man appeared to stand with so many members,
the general assembly, we have taken some patns
to enquire into the transaction above, alluded to,
and have ascertained frOrfl".correct sources, thai;
Gardner was one of the Gans? of Tories,' durihs:
the revolution "who made it, their businesao' dei
tent be for a longer duration than the space
months, an shall publish the journal ot
proceedings monthly, ' except such fiarta
y'rtlaimg to treaties, dliancer military ofie
91 in their judgment- require secrecy ; and
:ss iid nays of the delegates of each state on
iiintion shall 7 be " entered on the journal,
,H desired by any delegate snd the dele
of a state, or any of them, at his or their
it shall be furnished with a transcript of the
luraal, exefpfsuch fiarta at are above exccit
lay before the legislatures of the several
the old congress possessed . the 'power of
and war, with only a mere .shadow of le
vepovers generally, and the power of mak-
ftaues, now vested in the-president and se-
bclusively, the provision which has just
Ruoted from the articles of contederation,
itd have been adopted with 'a view tee the
ise of those powers upon ; the Subjects iof
lies, alliances and military operations, ' and
power subjects. ,as it was the ooject ot
reopie," in estabhshine: the new constitu
o " form "a more nerfect union."" by the or
liion of a more energetic system of govern-
i iwcr was given ux acA nousc ip wiui
m publication such parts of their proceed-
wiey should deem proper. But when we
F that the powers in reference to the exer-
1 hichr under, the confederation, secrecv
jlwed, were divided in the new constitution,
er of .making treaties and alliances being
111 'he senate (toirether with the presidentl
f of making war and providing for mili
Ptfationslin both houses- 'conjointly, it is
presumable that the framers of the constl-
nanot contemDlate "secret tiroceedines In
teses.nd-innwharthieTrtsexan4
necessary, or consistent with the princi-
I Ann ... j i . . . m '
"r insmutions t flnr nnlitiral svstem is
l' - . i - I j
JlillV a SV8tf m nt imiKI
"rw"n the course commonlv nursued
. i
pchical cabinets and desnotic divans. So
IM congress have departed from this orici
1-rr-v vi vut system, they are jusuy uaoie
"iisure invoked in l ord Chatham's speech
ontor the, dis3ution: of parliament in
r a public assembly to be afraid of
! Iheir deliberai ions publi sfied,1 is monstrous
jur useu. i rQ mortal can construe
fprfcei'ureHA th(;r ant..' Tf nA the-
t0II"CKlriff thp -rfnnW or ciffi. lent trfhrifm
jof the fihlf ; tiity must see that all is
fchow rnuch more sn in a rennhlic !
gestion is rmf lmvr'i wfat"niihf' tft he
Ol Cflhexess. in't'ViA rpsnert. htit what
' ' u ' - --""t - r
, -v,a. i is inp nnininn ni some inai
1 ConstitmiUv itr,j- !wi
V B"ed.' Tt is 1:tifwiTin tn" arlrvnt ' rnn
P5 0f thi soiriV rT thr 'rnriRlitiitirtn. - It is
IT 10 adhere to the letter.. If this be ge-
;ne and the constitutidn be at once cor-
rP'e'txd iiitelligiye in expressionf'how
.. ""Mian Midi lli awuuiu pnuituut
. ;uSc,1 voma a iex now sckipta,
l V shrtds and patches" of legislative,
formed, that while this.; m.an wast standingon the of convention tending to renew the treaty ioj eom-
pillory, and before he was whipped1 his father of
fered to $ave him . from ' the whipping By cavinffls'ures bioDerfo consolidate the
t J - ' i i . i . . . ' t --- - , vvv VJ
nis .une Di iuui. and deducting it out ol the portion
he meaot4o leave him t but that Gardner prefer
red ther whip'pihg to losing- the. 1COI." ; . ' 7"- -
The following correspondence is from the Na
tional Intelligencer of Friday last. We republish
the r famous, or ' rather infamous, comm.unicatiorf
from the Due de Cadore, because there has- been
some dispute"among the democrats relative to
the - authenticity ot the letter, f The' fallowing
is the official copy transmitted to our government
frona1 Ml'- Armstrong. Otur readers Will be apt to
consider this as a mttejfjdose for the; government
of a "frke and independent fiction, JYt X
vening J?08t, ' . i.r, 1 '' : ,
From the National Intelligencer May 25.
lRIPHCATE.
Extract- of a letter from General Urmsfrowp, to the
; Secretary oaiatet dated Farts , j:h February,
1810. . (1.-V- : .. , -k' , $s " : :i: .
.." the note from Mr. Champagny, a copy of
which is enclosed, was received yesterday.' . f
" This goes by the way of England, and-may
not be much later in reaching you than my dis
patch of the 28th ult. which took the same road."
v - NO I E.
The undersigni-d has rendered an account to his
Majesty the Emperer and King, of the conversa
tion he has had with; Mr. Armstrong, Minister
Plenipotentiary ot the United States of America.
His Majesty authorises him to give thefollowing
answer : , :
His. majesty should consider his decrees of BeF
lin and of Milan, as violating, the principles of
eterrtajt jtfstire. it they were not the compelled
cuuseqiieuce. of the Bii(tish orders4fl -onncil4 and
above all, of those of November, 1807. "When
England has proclaimed her sovereignty univer
ail, by the. pretension of. subjecting the universe
to a tax on navigation, and by extending the ju
risdiction of her Parliament over the industry of
the vorld, Hii Majesty thought that it was the
duty- of all independent nations to defend - their
sovereignty and to declare as denationalised (de
nationalises) those vessels which should range
themselves under the domination of England, by
recognizing the sovereignty which she arrogated
.over them , ' fiL.
His Majesty distinguishes the search (la visfte)
fromjhe recognition (teconnaissance) of the ves
seKThe recognitibu has nopther endohan td
ascertain the reality of the flag. The search is
an interior; inquest held, ahbough the' verity of
the nag be ascertained, and of which the result is
either the impressment pi individuals", or the con
fiscation of merchandize, or the application of arbi
trary laws or regulations. --'
His majesty could place no reliance on the. pro
xeedingijtof the United States, who having no
ground of complaint against .France, compris.
ed her .in their, acts of "exclusion," and since
the month of Mayi have forbidden the entrance
of" their ports tO French . vessels, tinder-1 lit
penalty o-confiscation. As soon as his Ma.
jesty was informed (of this measure he considered
himself bound to order reprisals onAmerican ves
the -Ameiican vessels will
hot submit to the yorders in council of England, .
of November 1807,' nor to any decree of block-
bus, uiucas wna uiyERaufc siiouiu . ue rcai,ine' u
roercewith America, and4n which all thevmea-
prosperity of the Americans, shall be provided
for. ' . ',,,;... v . . ,
The undersigned has; considered it hisduy to
answer the verbal Covertures" of the American
minister by a wriUeri1 note, that the President of
the United States hiay the better know the friend-'
ly intentions of France tpwai ds the United States,
and her favorable tjispositioris to';Ahiciican co.m
merce. (. 'v'"! -j- ,v;,'. ':-iy-7y----:-'
The-undersigned prays .Mr. Armstrong tola:.?
cept the assurance of his high consideration. '
-,, (Signed) x- -Vr'J. V,'.''' T.
f ' .. Champagijy Due dz .Cabork
Paris, 14th February,' 1810.
His Excellency the Minister Plehfi V .
potiuiury of the UmtedStatfis . " -r , Vr-
of A-hi-rica. r ' :'"7V' ' '"
feedings unless, indeed, -the
v.. n wore tirniui. ..j-'miz
m judicial opinions and decisions; ac
Wk y Prgtess ot agev se
ll Stlet - than tKla ii tv r'n t . thi
50rled law, to which all can recur, and
W comprehend . v ' ':
KtW n&ress' thenV haspowef 1o con
J it j PC0P-'e Such a portion of its proceed-
Povi ""Hr?perjor:promuigaiion.-r
SaZutl?aP only b exercised by first ex-
I Uics
house
P tS .i. l'Wng a distinct vote on eve
l' e journal which it means to keen
I -t aitnk .t. . .. .. .. ' . ' -.. f.t ' . - i
-i njj exists m practice isiroy as mucn i me property oi tneir enetiuts the
sels,oronlf iirtviserrit6ry likewise d- the.
countries which are under his .influence. In the
ports of Holland,, of Spainfof Italy and of Naples,
American Vessels have-been seized, because; the
' . . 1 ' - ' "-" " n.i '
Americans nave seize ti rrencn vessels, i he
Americans cannot hesitate as to the pat t which
they are to take ; they oiighj: either to tear td'
pieces the. act ot their independence, and to be
corfteTgain as before the revolution, the subjects
ol JLngland, or to Jake such measures , as that
their Commerce and their industry, should not be
tantted ttarites) by, the' JbnRlish, whioh renders
them more dependant than - Jamaica, which -at
least has its assembly -: of representatives and its
privileges, ivien wnnout just ponxicai vievys,
without honor, without energy, may allege that
-. i , r- . . . -1 . i i t i
payment oi me inoute imppsea oy ingiuna may
be submitted to, because it is light ; but why do
they not perceive that the English - will no sooner
have obtained the admission of the principle than
they will raise the tariff, in such way that the
uuraen ac nisi ngnt Decommg insupponaDie,.u
will benecessary to fight for interest, "after having
reiused to tight lor honor.'
Thc undersigned avows with frankness .that
France has . every thing to gnn from teceiving
well the Americans in her ports. Her commer
cial relations with! neutrals are advantageous to
her, . She is no way jealous "of their prosperity.
Great. powerful and rich, 6he is' satisned when
by herpwrj commerce ot6y.that of faeutrafy her
expojations give to her agriculture ;and her la
brics the proper developement. --- ' .
hJtjs'i)ow thirtyy fears since the United States of
America tounded, in the bosom of the .hew. world
anindMtAtountrr ..at- the price of - the blood
6Cso many.immoital . men. -who perished on the
field of battle, to. throw off the.' leaden yoke of the
English monarch. ' These generous men were
far from supposing when they thus sacrificed their
,' -From the London Courier cfAhril 21. i
,Lord CoWwoorf.'--By the death of Cuthbert
Lord Cbllingwood, -England has lost the- grent
abiHiies of a rran, whose whole existence was
sacrificed to her naval service, a'nd; whose every
thought was devoted' toher i-ayal name". Un
like top; many, ambitious only of comniantls
which arc suited only to their private Vie ws ha
fled wherever , hi country, sept him, and has
said ".Never in hjs' life had he declined a call."
It will give encou rage ment . to every young
aspirant in the navy whose-pfofessional prcfti -ment
may be tardy, to be told that he : was " a
M idshipman nearly 1 5 'years, while it will' gi ve
i'iii's animating fcsson, that perseverance like his
insures success His -lordship, once a Lieuten
ant, was soon made, and soon posted his briU J
iianteftreer and Subsequent exertions in tl.e .
West Indies, on the lst'June, at Cape St. Vin
cent, and at Trafalgar, ara too well known to
rtquire an eulogy, for they could not be exceed-
ed m valour and "extt nt.. He was born! at New-
castlet ;was of a family ancieiU and1 respectable, 4
but' perhaps, un'u latterly, declining, ar.d : wi s
educated at "the school there, a -cotemnorarv of
Lord hldon atul Sir W. Scott'', of whose, concur-,
relit good fortunes in Yd, he frequently spoU 3
with great satisfaction ahd delight lc married
the daughter of Aid. Ijlacket, by whom he his
two daughters of a marriageble' age, having pre
viously lost a brother in the ' service, 'who' kll a
sacrifice to the climate in the -W. , Indies liis
LoTdship was of a middle stature, but extitrrtely
thinv and temperate in his general habits, "ale al- '
ways .with an appetite, oUank moderately after
dinner, hut never indulged ; aft'Jitvards Jin' spiiita .
or in wine ; while his 'Personal alteutibt!'' to tije-
lowest guest at liis table was .always universally
observed. It was his general ruje in .tempes
tuous weather, and upon-any hostile emergen.
cy that occurred, to sleep upon, his sofa hi" a ;
flannef gown takingptrf.i.ly his cpauletied .'coati:
Thevmter of this just delineation has seen hint
upon deck without his hat, and his grey hair 11-i.t.
ing to the wind, whilst torrents, of rain " poprt-(i
down through the shrouds, and his, eye, like llip
eagles,- on the watch.
rheimiaj.ismAajgueall
Pc t sonal x posufe, . colo s, "
-notlj ijjg;jseirie44al4iv-
blood for the , independence-, .of;;. America, that
there would so soon be a question wliether there
.should be Imposed upon it a yoke more hea
vy than that which - they had throw n off, by sub
jecting its industry to a tariff of British legislation
and to the orders in council of 1807 . : "
when his duty c olled. Inthe memorable autumn
of 1805, when he vvith; difliciiljty'. got the Dreail.
nought in the stream of the Gut of Gib? alur,' hel,
stood upon the pbcp, smiling at -35 sail of the
enemy, with only five ships under, his command i
and w hen they wore baekri he wore himself in
their ifacf, and Actually blockaded the Bay of
Cadiz,, they within. Hij... Lord ships judgment
waS sound and firm, his mind acute and penttntt-7
ing:. liis wh.s6.very lively, it led him constantly to
pun j and though genital punsters must be fs e;
qiiently Insipid, .he seldom failed to produce tht
playful equivoque he., wished.- To his religimt
duties he constantly; attended ; his religion," like
himself, was without ten or, pure without h vty.
The latin he had learned at school lie had never
forgotten,, and 7 though be knew butsufticic m
French 'to;cr);aiptatn a general correspondence prr ;
the," coast, atd could scarcely manage-Spanihli
at. all, henvas notwitf. landing a good Scholar,
but'k seller of the1 oldschobl. Ilewiisahviij s
perfectly dignified - in X?$ deportment, - v liLiut
that execrable, iride wich We'oflcn see assumed
as a cloak to conceal a wa'nf of yprth. With Vuyn&
iti "assumption ! was uniieceaV..,Unprejtfcic':i
he was nbt ; one '.prejudice he had, which vvik
singhrras-h1sJmind was liberal. ,IIe deeinedit "
the boundtn duty of every Englishman to ha'to -a
.Frenchman as- his natural foe; and no mati.e
ver 'hated the nation more cordially, than, lie.
Asjhe some times, expressed a resptctfuj . pity tic
TlVe:Spiatds',Trtid aa ihe love-or his 'country Wrf
the leadincr feature ot his noble soul, thiaJmi-
bably arose ' frorn a concealed opinion he ettter .
tamed rt.tbat universal doiniuion. wouia-&e tr;e
fate of France." Lord Coll$: ( -md had no"tfeM
any of his relatives for a co: ! jJLe pe f -d .X-- .
fore his death. -W' Hen snwin. m'tht Clian.,tl,
he cenefalfv kept at SfTh' th- fear of low. t
gcneraF actiojn anT In pott, he 'f't
! It,
a few days, attemhnu; 0 i botid to the irutr t
his ship, and sleepV"; only on .sbore whjU
cabin was beinj caulked. St ill v m- ! ;
alive td domestic feelings : his htait r bottrH $
with joy at a packet from his lamily,, ar:dn a L .
ter. vdtun but a lew month 50 - "
" f-
1
-4
tv
..ti
m