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.ri -: f . .' , : 4 ! V 1 1 x at ' j-.':? V; 1 '.jvkKt ! '.. , v(j '. j' :- .:."': if- NO-RTitH-CSyEl.01i I Ntf WEEKLY ADVERTISER. : :; . . , v " - '.'! ' - . .' :,V--.:. '" a' f; i!- i. ' . j . .4.. ' j . i ( - . r ,- ' - : -L ' : : ' "-,V" ' ' ' " '.; 1 ' ipii'-.j ft,- ' : : ' ' ' r ! . "' ' '" "'! N - , ' j . i.' v ' 'v ' ' Ouriite the' Plant of fair iellghtful Pee,, . .-' N ; : 1 : .j ' . - "" . v ? : r.'. s 'OBwarp'd by Party Rag to live like Brother.". ' ' . . !. ,1, ; i " r TuesdayApril 15, 1800. ' . ; No- he Senate vtfyhe OniudrStates WILLIAM DliANE.; -j The Enquiry inftiruted in the Snte with re fpt( f the PhiUJelphja Aurora and it tdttor, having afTumed tath a (crious afpeil, we think it iieceniry 'ftate the circumftanccs of the cafe more particularly than wc have yet done bymnj the oriji, nal Report f the Committee ?pf Privileget which introduced the Kefolutionairft given in the Regifkerrtoieifei'air'wcou.nt cf the lubfeueut reecftnp'hid oa. lhi bufiuefs. -' t j - ;!:.' In ht Senate cf ike U. States. March i'4!- iSoq. THE Committee of Privileges, to whom it was referred by a'refolutioh pf the Senate of the 8th inftant, to confider and rcport-what meafures it would be proper to adopt in rela tion to a publjcation in the. newt- paper, printed in the Cityof Phila delphia, on V ednctday morning the 19th of .Fcbrjua if 'U ft'ballcd.the. General Adveriii(pr, or fAurpra, have had the fame under mveftiga- tton,and nave agreed to report, as the refult of their deliberations, that it would beproper for. the i Seriate to adopt the following rcfolutions, viz. Whereas, on the. ibth day, of February, npwlalt palt, the benate of the United States beinjl lntSemon in thr. Citv of Philadelphia, Uic foU lowing publication .was made in the new f pa per printed in the' faid'eity of Philadelphia, called the Genera Ad vet tiler or Aurora, viz. " - . In our paper of the 27th ultimo, we nocicea the-. introduction or a meafure into the Senate of the Uni ted States, bv Mr. Rofs, calcuhted to influence an d ajfcclh he a p p roa ch in g prendential election, and to frui- ftrate. in a particular manner, the wifties and intcrefts of the people of the commonwealth of PennlylvaJ ma. , - ' . " "We this day lay before the pub lie a copy of that bill as it has palled the Senate. -it u Some curious faftsare connected with this meafure, and the, people of the union at Iarge are intermedi ately, and the people of this State immediately lnterelted to conkder the movements, the modes of opera tion, and the eftecls. " We noticed, a few days ago, the caucu fes, or fecret confultations, held in the Senate chamber. An at tempt was made in ari evejning paper to give a counteraction (for thefe people are admirable at the lyflem of intrigue) to the devclopements of the Aurora, nd to oil thofe meet ings Jacobinical ; wemoft coidially ilTent to the Jacobinifm ofthele meetings; they were in the perfect fpirit of a JacobinicalConclavc. "The plain fa 61s we Hated, are, however, unqueltionaDle ; nut we have additional information to give on the iuDjea or t note meetings. We ftated, thai the intrigues.for the prelideiitial election were among the objects. We now ftate it as & fa& that cannot be djlputed upon 1 lair ground, ihat the bill we this day prefent, wwas difcufTed at the caucus on Wcdncfday evening laft. J - "mi ui 1 filial r ii j w iiiu bilL grew into ex 1 lie nee. ! "Tiie opponents of indepenJ flencc and Kepubhc3n Govern ment, who Supported Mr. Rofs in the conteft ' again il GoVernor M'Kean, are well' known by the indecency, the lander, & the Jaljhooi m the meaiures they -purlued and it is well known that they are all devoted to the federal jfrat which we differed bri Monday, Mr. Rofs propoied this bill in the federal Senate, (how confidently with the decency of his friends will be feen) a committee f ''five was appoinied to prepare a bill on his fubjed :bn .this CQmmittcee, Mr. Pinckncy, of oouth.arolina, was appointed." On Thurfdiy morning hft (the caucus heM the preceding evening) Mr. Rols informed Mr. Pinckney, that ln 'he fubjed, when in faft, Mr. "ncfeney had never been confulted nthe lubjeft. though a member of e commute ! The bill was intro duced and palTed as fjelaw ) ' . On his occafion, it may not be fcrtment to introduce an anec which will illuftrate the na u of caUt-ufcS; and ftiew that our Kh hVc Vrer"mcnt may, in .'the .- !!itci a fadidn, be as completelv -4. IVUkU LUUlLUULinn has been, by thej felf-created cbn- fuls.- ' . i : M In the fummer Seflion pf 1798, when, federal thunder and violence Were beheld, from the peftiferous liings of more than one defpptic mi nion, a caucus was held at the home of Mr. Bingham,! in his city. It was compofed of Members of the Senate, and there were p relent fe- venteen members'. TheJSerrate con filling of thirty-two members; this number was of courfe a. majority, and the feffu n was a full one. rrior to diberation on the meafures-of war navy, army, de mocratic profciiption, &c. &c. it was propofed and agreed to, thataU the members prefent Ihould Solemn ly pledgethemfelyes to al firmly upon the meafures to be agreed up on by the majority of the perfons prefent at the caucus. ' . " The meafures were perfectly in the high iqne of that extraordinary feflion. But upon a divifion of the caucus, it 'was found they were divided wine again1 ft eight. Thisina joKty, however, ;held the minority to .their engagement, and the whole Seventeen voted in Senate upon all the meafures difcuffed ' at the can- u Thus It is fcen, that a .fecretA ,. t'. t ' , ' '11 felf.'app6lnleimeting; -of- fe'venteintt perfons diftated-lavvs tp the Vn i ted I States. and not only -,th5t nine or! ihat feyeriteen hadDse s fuircbmmand and power over the confejence and yotesr bf the other eight, but that nine poflfefred,: by the turpitude of the eight, actually all the powe which the tonftitution declare lhall be veiled in the majority onl " In other words, a minority ' nine members of the Sebate ruled the other twentythree members. " It is caftly conceivable, as in the recent changes in France, .that this lpint orcaucunng, may Deconuuc ted in progreftion down to two or three perlons ; thus, three leading characlers may agree to acl upon meafures aDDroved bv anv. one of them; thele three may add two others, and they would: be a ma jority of five; and thofe adding four others would be a majority or nine; and this nine poffefs all the power of a raajqrity .of twenty- three I J "Yet fuch is the way wearetreatA ed, by thofe who call themfelvesy Federal i Its. "The following bill' is an ofT fpring of this fpirit of fa&ion fe cretly working ; and it will be found to be in pcrfeft accord with the outrageous proceedings of the fame party -in bur State Legifla ture, who are bent on depriving this ftate of its hare in an eleclion that may involve the fate of the country and ppfterity." Then follow the rcfolutions al ready given. 1 j - In confequence of a copy of the above proceedings being ferved or. the Editor of the Aurora, he wrote the following letter: To the Vice-Prefident of the U. States 44 Sia, A copy of (he ProceediRgsof the Senate, in relation to a publication in The Auro ra, " and alcribing guilt to me in that pulica tion a breach of their jriyitet;es has been left at my OfRce. It is with pieafure I ob-ferver-the jutfice of the Senate-provides, as the Constitution prefcribes, that 1 lh'all ' have an opportunity cl making any pioper defence,' tor the conduct which has been imputed to me; and as luch defence will neceffariiy in volve points of law, as well as of tad, I pray you, Sir, tolubmit to the Senate of the United States, a Yeipeftful requeft on my behalf, that I may be heard by Ceunfel, and have procefs awarded to compel the attendance of witneflfes in my behalf. I am, Sir. With perfetiefpecl, "WILLIAM DUANE." Aurora Offire, Mar. 24. Some-debate took place on this letter : and at i2'o'clock the Editor appeared before the Senate, when the Prefident of the Senate (con formably to the rtiles of proceeding previoufly agreedpon) addreffed mm as toiiows : , William Duane, You Hand charged by the - f U.1T c.,.; i7 j ' c I nate of the 17. States, as Editor of thr rne w (naner rall. -TKi Clp-riri Advertifer, or Aurora, of having publilhedln the fame on the iqth of LFebraarv now laft paft, falfe. lean daljgusy defamatory and malicious fertions and- tiretended information reipecl.ng the laid Senate abd Com- mitice of the Senate and their pro ccccjigs, tending, to defame the $e jnate of the U. States, and to bringV them onto contempt and dilrepute. and to ejtciteagainfl them the hatted of the good people of the U. States, and therein to hayeeen guilty of a high breach of the privileges of this houle." ;v . Then the Secretary read the refo lutions of the Senate palled the soth inftant, with the introductory re port (above inferted) after which the Prefident added,. " Havevyou thy thing to fay in' excufe or extenuation for laid publication?-' . To I which the Editor replied as follows: Mr. Prefident, " Unpratlifed in legal forms, and j dubious in. this cale- but willing to do every thing that is confiftent with propriety, I mull fplicit the cohfideration'bf the Senate. 1 am dubious of the jurifdiclion of the Senate, and the novelty of this cafe renders it more incumbent on me to be cautious haw I commit the rights of others, by any error, arifing from ignorance in me.j '. " lam willing to anfwer all quef tions .that may ne "properly put to me. II am not fo weak as to perSft in error, if I have committed any. On tie contrary, I am willing to make cver& proper explanation, wjiere am fatisfied of error. One error in the charge I have already Yejftifed.ffsfp Ik now not that theSenatc can, according U the Conftitution, take cogni zance; of itv In this I may, be mif taken ; but I have had advice. On othe'r points, I believe I can prove, by evidence, the facls ; but I arri doubtful of the regularity of the prefent form. 1 will chearfully go as far .in aniwering every qucftion Usthe nature of the cafe requires, and lmy honour permits ; but, as the Can ftitution declares, that nomanftiall he compelled to anlwer where he may be accufed, I conceive it pru dent to ad vife with men converfant in legal forms, vvho may guard me agajnit any deficiency of mine in le- gal knowledge. My perfonal con- hderations m this cale are nothing ; but the rights and liberties of my country and fellow-citizens, are every thing I cannot; lurrender, nor betray them. I am! willing to anfwer, through my Gbuniel,:;aTl queitions ; and am adviled by them, to requcft of this honourable Senate that Counfel may be heard for me, and tne relt ot the oraver ot mv let- tcr of this day.'f :-... ; The Editor was t hen directed: to retire. Whereupon, a member rofe and deli red to know, before Mr. Duane left the chamber whether he meant that his Counfel fhould appear with him, or wihout him. Mr. Duane an fwcred, This qucf tion is new to me : it has not been a fubjeel of confideration, and I fhali take advice upon it. Mr,. Duane then retired ; and, aftr cohfiderable debate, the Senate came to the fallowing rcfolutions1:' 44 Uef.led, That William Duane having appearcJat the bar of the Senate, and re queued to be .heard, by Counfel oa charge againft him for a. breath of Privileges of the senate, lie be allowed the amftance ot Coun- Tel, while pcrioriaUy attending at the -bar; of the Senate; who may be htardtn -denial of any fails charged againft faid' Duane, or in excufe or extenuation of his offence. Relolved, That a copy of tle fcregoing refolution be fent to William Duane., and that at the lame time he be ordered to attend at the bar of this houle, at tz o'clock on Wcd Hcfday next.". On the a6th, Mr. Duane fent the following letters 16 the Senate : . To the Prefident of the Senate. . "Si, y 44 I. beg of you. to lay before the Senate, this; acknowledgment of my having received an authenticated copy of their refolutions-on Monday laft, in my cafe. Copies of thole; refoliitions.1 tranfmittcd to Meffrs Dallas and Cooper, my intended Counfel, fol kiting their profeCiona aid ; aiopy of my letter is in cloled. marked A. Their anfwers I have alio the pieafure to inclofe, marked B and C.. 1 find myfelf, in confequence of thefe an fwers. deprived of all profeffisnal afliftance,: under the reftriclions which the Senate have oughHto adoptj I theiefote think myfelf bound,-by the molt facred duties, to decline J J ny further voluntary attendance upon that t T i Thf ttsoi here alluded to, it is fuppofed is the .affection that , Mr. Finckney. Jthpuglif one ef the committee named to prepare a hill prefenbinj the mode of deciding difputed elec-j tions of Prefident and Vice-Prefident ofthe U.f Stales,' was never confulted "in the drawyl WMC W,5 in whkh allertion,: dayer two after it was made, fie acknowledged jn I his paper hfcbaclhcca ralftakta, i - ' Wy, and leave them t. purfue futh me- B- I'l u ' ' With perf rerpett, I WILLIAM DUANE." To A. J. Dallas, fo the Senate pkffed yfterday, and muft rc.ueft jyou would favour me, by appearing with Mr. I LUC OtUAV. Cooper, as rny Counfel to-rnorrow, at u j o'clock. Ybu know that it was not from a ' conviction of their peffefliBg conftitutional ! authority to i order my attendance, that I ap- peared yeitefday ; but irom a ienie oroejicacy towards thisjbran-chbf the Legiflatufe, which would not permit me to carry an appearance of difretpecli towards them, eren when they were acting liuder error. ,I fear the refsluiioo inclofed will pre vent me from deriving all tha benefit from . vur amftanie which I had a rightin expeel ' c i.t ,tjjr tholi....: I i -' j l 1 row your i(.mwbks;u)-"i'.ji 11 iuilice of mv caufe. sr I amrSir StC Aurora Office, Afar. -z. l CpT A fnnilar Utter was fent to Mr Cooper 1 Air. Dallas's Reply. Sir. As it islmv general rule to render profef fional fer.vices whenever they arc reauired, I thiuk it proper to ftate explicitly, the real'on deMr.dinrhir.rethe Senate of the U. States, Am k -1 ntU tea rhf raf now II The benate having, as I underitand, charged you! with the publication of a libel, proceeuea. wunut nearmg you, or nwij...5 ..... .47 l a.A: A a A ihor vu Mf II uu i ic v'S'-. i -v. 1 1 the Editor of the publication ; that the puolt- cation was fall'e. malicious. &c. and that it amounted td a breach of the LegiQative Pri vileges of the Body, j Before, however, any nnnilhmpni nSnll h lAHited. or anv lentence pronounced the Senate has been pleafecl to fummon you to the bar ; and, upon your ap plication, to allow you the amltance ot Coun fel, who may be heard in denial -ot any tacts charecd aeainft you. or in excule, or in ex- teauation of your offence. 44 Though I mean foot to queftioo the wil- dom and tuftice of the Senate-, in any part of the proceeding. I cannot conlent to aCi as Counfel unierfo limited an authority. For you will at once perceive, thatit ex cludes any ejiquiry nto the jurifdiclion of the Senate to take cognitance of offences of the nature imputed to you, as well as aayjultifi- cation of the obnoxious publication, by prov ing the truth of the facts which it contains. As to the r;ft, I cannot fuppofe that either you, or your Counfel, would find it practica ble to deny the exiilence of any tact, which the Senate has already (doubtlefs upn lum- cieiit evidence examined and ett abi uhd y and the language of excufe, or extenuation, mufl always proceed with better grace, and more advantage, from the penitent offender," than from si profeluonal auvocate. 44 Under thele circumftances, Ido notthink lit . . i r. 1 . mat x couiairenaer yeu any ierrt:e oy accom panying you to the bar of the Senate; while 1 coutelsthat I ihould feel the utuation de grading to the proteflion, as well as to myfclf. 1 am, Sir, Your moll ubedrent humble fervant, 44 A. J. DALLAS." FblUdtlpbi.i, Mar. $. Mr. Cooper's Anfwer. "Sin, 14 1 havejevery inclination to render let' vice to you and to your caufe ; but I will not degrade myself by fubmitting to appear before Jiihirig the afortfaid falfe, defama the Senate with their gag in my mouth. The ij j' t. J j 1 1 rr toe if gag in my refolution ybu havetranliniued tome, pre eludes all hope of mydohig any good to you or the public, or any credit to mylell, by com plying with your requeft. 1 heard Sufficient of the debate yefterday, to underftanjd (before I faw your letter) that m ( 1- lt- the intent ana meaning or tne reioiution, is to preclude all argument on the jurifdiclion of the Senate, and all proof that might be of- tcred in lultihcation of the aHerttonj rom plained of; Indeed, I do not much wonder at the latter prcclyfion ; for I canabtitfip thinking, from the evidences you ltatedto me, that had we been allowed to have given proof of the facts in juftihcation, the public would have been well inftruficd in the doctriue and practice of Caucus, from the very beft and molt unexceptionable authority. But,.to appear before a.Tribunal, which in a new and molt important 'cale has pre judged the material quefcions between you which, in the capacity of accufer, has claimed j a right to dictate the mode ot defence to the '-perfon accufed which has forbidden us to en? Iter upon what 1 cannot but regard as the ien- anj-werable part of your vindication, and left t you no grpTid lo take' worth contending for which, as a Tribunal m ton country, 01 un known, unprecedented, and unoehned au thority, wii hear noobjetVion to its jurifdic tios, and admit no proof of the la As it coatro- verts Vid.truce circumltrices,i to attertd atthabar of that Tribunal,' an Advocate in I terdicted Iron defence, a tame and manacled AflilUnt, might lerve, inaecu, to excite a malignant fmile among the Enemies of Li berty, but would certainly tead to diigrace your eaufe and my character. I cannot think you will be able t pro icure any prcfclTional ailiilance en luch ftrange and unufual terms; nor can I lee of what ui any profeliional aiuftance couid be to y su, un der the rcitriftiohs "which the Senate have thought fit to inipofe; nor do I fee ( jf you; appear be tore tnemunatienoca oy legaiiricna 1 with what prudence or, propriety you can piyode word to any queltivC they may chuie ' v : t' to put. Where rignu are unoennea, ana power is unlimited where the freedom of the' prefs t actually attacked, underl whatever intention of curbing its licentioufnefs, the melancholy period cannot be far diiVant, when ht ciUien wiU converted into a t uci c x . I am, Sifi yur freod and ltr vast, - 4 THOMAS COOPER."" PhUadeJflUy Mar. 1$. ' , ' . The above letters hving been re ferred to the Committee of Privi leges, they reported tworefbhitiohs, tnefirdtleclaringi "that a Wiiliam jJuane, in contempt ot th e senate, has refufed to attend at their bar, purfuant to notification, the Ser geant at Arms be empowered by a Warrant flgned by the Prefident o laid Duane into cuitody, and him fafely keep for the further order of the Senate." The other refolution contained the form of the Warrant to be ifiued. The fii ft refolution was carried 16 votes to ik A motion was theft made to teoft- pone the farther confideratibii of the lecond refolution which being ne- Hdii vcu, anuincr wi mauc o .biijwc out from the latter part or tne iorra ot the Warrant, the . words Com-, mandiugall marjhalt deputy marjhals-, and all other per on s to be aiding,!&c. . tnis morion was auo negaiiveaj 19 to 10. After Mr. Maifiiall had fpoke at corifiderable length againft the refo-; lution,dcchring it untonftitutional, " o the queftion was taken, without any rcpiy. Deing made, and it Was carried lo to 1 1. f Meflrs. Bioodworth and franklin both voted agamit theie v , reiolution . j , Form of the Warrant T.OK THX Apprehenfion of William Duane. " United States, Jf. tie xf tb day of Marcht I too. WHEREAS the Senate of the U. Stales, on the i8th day of March, 1800, ;then being m ieflion in the city of Philadelphia, did refolve. that a publicauon in the General Advertifer, or Aurora, anew f pa per printed in the laid city of PhiUdel- n Wednelday ihe iqth day of February, the laft pa ft, contained affertionsand pretended information reipeciing the Senate arid Committee of the Senate, and their proceedings, which were talle, defamatory, scan dalous and malicious, tending to de- tame (he Senate ot the y. States; and to bring themintoeontemptanct'dif-. repute, and to excite sgainftUhem the hatred of the good people of the U. States : and that the laid publica- tion was a high breach of ,thc privi leges of the Houfe. - ! ' f'j1- : And whereas the Senate did then further rcfolve arid order, that the laid William Duane, re fi derit iri iaia city, and editor or laid newi paper, Ihould appear at the bat of the Houfe on Monday The 24th day of March inft. that he might, there have opportunity to make any pro per Ceience tor his conduct in pUD- tory", tcatidalous and malicious afler tions and pretonded infarmatjon; A.nd whereas the laid William Duane did appear, on faLd-da'y, at the bar of the Houle, purfuant -to the faid order, and lequefted Coun felr and the Senate, by' their refolu Lton of the 4th day of March inft. Relolved, that William Duane hav ing appeared ac the bar of he. Senate, and requefted to be heard by Goun fel on the charge againft h;m for a, breach of Pri vileges of the Senate, he be allowed the alii ftance of Counfel while perionally attendingat the bar of the Senate, wio might be lieard! in denial of any facls charged againft faid jDuarie, or in excule or extenu ation of his offence, and that- the faid W illiam Duane fliould attend at the bar of the Senate on WedhelHay then next, at 12 o'clock, of yhich the laid Duane had due notice. f .. And whereas the faid William Ju- I -' ' V r' t r ane, in contempt or tnetaid lalt mentioned order, did negiel -and refufe to appear at the bar ot the laid Sena e, at the time fpecifitd iherc- in. and tne senate 01 tne u. states. on tuc 27111 uay ui i.viaicii jiiu. uit.: .1- j r x i- n. tneietore lelolve that the laid Wil liam Duane wasuilty of a contemt t of laid order and of the Senate, aiiti that lor the faid 'contempt the laid William fnould be taken into cttfto- dy pf the Sergeant at Arnis attend- the Senate, to be kept ior their fuiiher orders. All ! which aj peats ;by the Tournals of the Senate of the U. States, now in leiiion dine city Thele arc therefore to rctiirtou, James Mathers, Sergeant at j Arm, for; the Senate ot the U Stares, forthwith fo take jr.toyout cuitcdy. "the bedv ci UicUi:i -Williiiin Luai-. t 1 1 j1 v. rj m Mi 1 it i .4 V ;kh If f r ! 1 i ... J
The Weekly Raleigh Register (Raleigh, N.C.)
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April 15, 1800, edition 1
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