E 331 .019 Ccpy 2 ^''AV-'Z^'/^'-t^V^-y, / / A PICTURE REPUBLICAN MAGISTRATE OF THE NEW SCHOOL ; BEING A FULL LENGTH LIKENESS Oi^ HIS EXCELLENCY THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES. TO WHICH IS ADDED A SHORT CRITICISM ON THE CHARACTERS AND PRETENSIONS OP MR. MADISON; MR. CLINTON, AND MR,PINCKME¥., By Jno. ThierrirDanverSi of Virginia, Obniat jUud male partem, male retentum, male gestum iraperium.— fcveTa. Mel in ore, verba laetis, Fel ia core,Xraus in faetis. ^ Monkish Rhvnir. NEW-YORK PRINTED FOR E. SARGEANT NO. 39 WALL-STREET. 1808- p. C I C, -n Digitized by the Internet Arciiive in 2010 witii funding from ' Tine Library of Congress ^\., littp://www.arcliive.org/details/pictureofrepubliOOdanv — .^^^ DEDICATION, TO HIS EXCELLENCY THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES. SIR, THOUGH I am aware that it is usual for an author, when about to dedicate his work to a personage of such high rank as your Excellency, to appl y for his gracious permission to do himself that honour, yet as a citizen of the ancient dominion, and a sincere wonderer at your very singular cha- racter, I hope you will pardon the presumption of addressing you without leave. I have long indeed been in the habit of contem- plating your Excellency as one of the completest examples of political cunning that ever fell under my observation, and I seized with avidity the first opportunity of expressing my admiration. Ma- ny rulers, it is true, by the help of bribery, de- ception, falsehood, and the thousand other arts of low ambition, have been able to delude a credulous and ignorant people into a temporary belief of their wisdom and virtue; but that your Excellen- cy, by the mere force o^ native talent, should have managed to deceive^ a majority of the enlightened citizens of America, is a triumph which in the en- suing pages I have attempted to celebrate. Alitur vitium, vivitque tegendo — says Virgil — but virtue so far from dreading the splendour of day, grows up and flourishes in the genial breath of honest praise. It would be therefore little less than treason to nip the opening bud of your Ex- cellency's talents and patriotism, by a cold denial of well-merited commendation. I know, indeed, that modest worth always puts aside with reject- ing hand the offering of fulsome adulation, or in- terested flattery; but disinterested praise is the sweetest reward that the patriot, the sage, and the philosopher can covet from the world. If I am not mistaken there is little of adulation or flattery in the following pages, and I trust that your Excellency will do me the justice to believe, that whatever praises I have bestowed on your ad- ministration, w ere given from the most disinteres- ted motives of attachment to your person and cha- racter. Receive therefore. Excellent Sir, the lit- tle wreath of laurel I have woven for your brow, and believe that nothing but my attachment to truth, and the welfare of my country, prevented me from saying infinitely more in your praise. I am, with great consideration, 1 Your Excellency's most h'ble serv't, J. T. DANVERS, A PICTURE. His Excellency the President of the United States having declined a re-election to the first magistracy, and with the help of his Congress ap- pointed a successor , may now be considered as a saint in the calendar of patriots. Having finish- ed his great work, he is about to retire into the en- joyment of that gratitude which ever follows the seclusion of the people's benefactors. It is only after the career of a great man is fin-, ished that his merits and his talents can be proper- ly estimated. The envy of his power or splendor, the spirit of political division, and the jealousy of rivalship, have then other objects for the exercise of their malignity, and look with cool indifference on the man who is no longer an object of hope or fear. The voice of adulation too will then be si- lent, and the sychophant adulators who have din- ned in our ears the praises of His Excellency's wonderful talents and patriotisnij will soon be heard in a different direction. The echoing voice of the hound on the distant hills points out to the hunts- man the place where his game is to be found, and an experienced observer may always discover the successful candidate for power by the yelping of his hungry followers. Now then is the proper period to inquire wheth- er His Excellency really deserves the censures that have been poured forth against him by his ene- mies, or the praises so lavishly bestowed on hirn 6 by bis friends, and whether as a man or a magis- trate he ought to be held up as an example to im- itate or avoid. This inquiry will not be without its use, for the sentiment of any impartial man, on any question of politics, is of some little impor- tance to his country, more especially if that coun- try is in danger. That our country is in an alar- ming situation, and that owing to the weakness and hypocrisy of the President, has so often been set forth in high sounding phrase, by the oracles of the people, the newspapers, and has been so often repeated of late, that observing men who have been accustomed to see the habitual falsehood of these inspired vehicles of information actually be- gin to doubt the evidenceof iheir own senses, and believe the country to be in a state of safety. But however alarming may be the situation to which we are approaching, that country can never be lost which has General Wilkinson for a commander in chief, and Colonel Duane for one of its defenders. In the course of this work, I shall have ample occa- sion to compliment this noble pair, together with some few other malefactors, whom it is my inten- tion to string up, as rogues and assassins are gib- beted on the highways, a warning to their fel- lows, and an assurance of future safety to the traveller. The rank and talents of His Excellency however demand my first devoirs, and to him I shall devote the first fruits of my pen. TotraceHisExcellency through all his doublings and windings, to unmask his Jesuitical policy, and throw light into the devious paths of his political career, I am aware will be a task of mortal diffi- culty. The hypocrite like the pestilence " walks in darkness," and his paths are unknown except to him who keeps a steady eye upon him, and watches all his motions with an attention that never sleeps. But though the task I have undertaken is difficult. it is necessary, and therefore shall be performed ; and if in the course of the investigation, it is found reasonable to lash any recreant back without mea- sure or mercy, let not the blame be imputed to me. When the delinquency of man provokes its punish- ment, it is impeaching the divinity of justice to censure the executioner. I shall pass lightly over the conduct of His Ex~ cellency, during the American War, merely prem- ising that he was not only one of the foremost in opposing the encroachments of the British gov- ernment over her colonies, hut also one of the first to fly the consequences of this opposition. Of his far-famed excursion to the strong hold of Carter's mountain no man is ignorant, and all men admired the wonderful prudence with which he conducted that famous expedition, an achievement unparral- leled in the present age, except by the late admi- rable retj^eaf of the gallant General Ray* I regret that this is the only military service performed by His Excellency during the struggle for independence, but in proportion as his feats in the military line are sparing his civil life will be found to abound in the most brilliant exploits, not against our enemies but our friends, not against the oppression of foreign tyranny, but the consti- tution and the laws of our country. In the detail of this patriotic gentleman's civil services, the first object which naturally claims our attention, is *'the declaration of independence" said to be written by His Excellency. I am wil- ling to allow him all due credit for this produc= tion which breathes a spirit of manly courage and dignity, worthy the occasion which inspired it 3 and I should be inclined to allow him still greater * This gallant officer was consul to the great Emperor at New-York. He took what is called French ieave^ that is, he ran away under suspicion of debt. had he not, as I shall hereafter prove, laid the peo- ple of the United States under some of the most enormous grievances complained ofin that very declaration. His Excellency was afterwards appointed em- bassador to France, and whatever services he might have performed there, the people of this country I fear will long have reason to regret his appoint- ment to that dignity; for it is supposed that he there imbibed those prejudices in favour of that country which have since been displayed so much to the injury a\id dishonour of the United States, as will be demonstrated in a subsequent part of this inquiry. While on his return from France on a temporary visit to this country, he was appointed secretary of state by Gen. Washington. We are told on the au- thority of the excellent and impartial biographer* of that great man, that Mr. Jefferson accepted this appointment with evident regret. So strong was his attachment to France that he preferred an ap- pointment (which from its very nature is tempora- ry) in his beloved country, before a high and per- manent establishment in his native land ! That while in this high station, enjoying the friendship of Gen. Washington, and admitted into the coun- cils of his country, he betrayed the confidence of his benefactor, and employed a certain renegado libeller, a vile alias wretchf to caluminate him, * Judge Marshall. t I allude to the gentleman^ lately for this and I suppose simi- lar services, appointed a Colonel in the army of theUnited States! —-Heavens ! is there no other way to reward villany, than by the disgrace of a whole people ! — Probably the first service of this paltry retailer of calumny, will be to pull down the ju- diciary, to which both His Excellency and his Colonel seem to have a mortal antipathy. It would perhaps be treason to say that this antipathy is nothing more than that instinctive horror which all criminals feel for the instruments of their punishment. " A rogue the gallows as his fate foresees'*— And hates the sight of justices and trees. are charges so often repeated, as to be at length received with all that calm indifFerence with which the human mind contemplates the most acknow- ledged and familiar truths. I shall therefore pass by, contented with merely recalling to the mind of the reader what he has long known, for the pur- pose of cominc; sooner to the conduct of His Excel- so lency, when at the head of affairs, a situation where his virtues have had a fair chance of exer- cise, and his talents an extensiue and splendid the- atre for action. When the "sun of federalism" set, as was tri- umphantly observed *'for ever,'' RndtUe igjiis fa/ iius of democracy rose amid congenial fogs, to bewil- der and mislead the people, it was my lot among many others to be for a while deluded by this va- porish sprite. There was a speciousness about His Excellency, an apparent candour and modera- tion calculated to deceive those who were unac- quainted with his real character, and to lead them into a belief that he possessed the pore and genu- ine simplicity of an ancient republican. His in- augural speech to Congress strengthened this de- lusion, and when with a moderation which, had it been real, would have won the confidence of all ranks, he declared that in his eye 'Mve Vv^ere all republicans all federalists," it was hoped and be- lieved that His Excellency was the man destined to break down the deadly spirit of party which had so long raged in this country, to the ruin of its strength and the dishonour of its name. Many honest men were even so credulous as to suppose that His Excellency might possibly be influenced by the wise maxims, and glorious example of that illustrious manj whose name I will not mention, because I am told it is forbidden to be uttered in the hearing of His Excellency, whom I would not wish to offend by any indecorum. ' B 10 But these sanguine expectations, the otispring of that elastic credulity with which novelty is al- ways contemplated bv the inexperienced, have been miserably disappointed ; and nothing uow remains, but a desperate hope that the approaching resignation of His Excellency M'ill open a way for some more worthy successor, and that by retn^ing from the world he will make some amends for the evils he occasioned while in it — thus in reality be- coming what his fla'eterers have called him fliefafh er of his countrij. His Excellency is undoubtedly fairly entitled to this honourable appellation, since it is only by his political demise, that we can suc- ceed to our inheritance. I pass over some little experiments, which were made by way of soundings on a new coast, or to try the ground as a blind man feels with liis stick, in order to come to the first grand experiment — the attack on the judiciary ; a measure which has sha- red the common fate of a first crime — that of being lost in the splendour of subsequent achievements. No man thinks or speaks of it now, and it is only of importance as marking the commencement of a system of experiments on the vital spark of our constitution. Although this measure as well as most of the others that I shall mention hereafter, were ostensi- bly the measures of Congress, and as such only ^^ approved" by his Excellency, yet I believe no one is so stupid as not to have observed, that since the election of Mr. Jefferson the legislative branch of government has degenerated into a mere organ of His Excellency's will. Like the inspired pries- tess of Apollo it delivers only the oracles of this mysterious pythick divinity, and that without her inspiration. So docile an assembly Ihaveseldom read of, and it has few parallels in history, except the servile parliament of Henry the Eighth and the *^enate of Rome in the days of Tiberius, or Call- 11 gula. It is therefore no unwarrantable assnraptioii to say, that his Excellency is solely responsible for the measures of his most obedient and very hianble senate and house of representatives.. Tliat the master is accountable for the conduct of his slave, is a principle of law, even in the enlightened State of Virginia, whose dynasty seems destined long to govern this country, under the auspices of the great Emperor. I think I am therefore warranted in considering the acts of Congress, as those of his Excellency, and as such will 1 examine them with all the deli- cacy due to so distinguished a personage. It i should unwittingly (notwithstanding my earnest wish to the contrary) otfend his Excellency, the well known good nature of that gentleman will I hope ensure my pardon. Colonel Duane can bear testi- mony to his clemency, and so might Callender, had he not drowned him.^elf wilfully, on purpose to be- lie his fate, and prove the old proverb, not without an exception. When the bill for putting aside the additional judges which were established by an act of Congress passed under the administration of Mr. Adams, was agitated, it was argued, by the minority, that it was an infringement of the constitution to en- croach on the judiciary which was an independent branch of the government, and therefore beyond the control of the legislature, except in the way of impeachment for mal-conduct. This principle, so important to the rights of the people, was at that time supported by some of the ablest men this country could boast, and it was then the very res- pectable-democratic majority adopted that deco- rous and admirable policy, they have since so stea- dily and successfully pursued — of paying no kind of attention to arguments they were not able to answer. Even in the monarchical government of Great-Britain, the minister thinks it incumbent on 12 him to answer all objections to his measures; and even their venal parliament would be ashamed to vote for a principle which he had not talents to defend. So far as I remember, the only argument brought forward in favour of the motion for violating the constitution, was that it would save about sixteen thousand dollars a vear ! The speedy administra- tion of justice and ?he sanctity of the constitution were trifling objects, when compared with this pal- try sum ; and the people who had heard a vast deal about economy, were gulled into an approbation of a measure which broke down one of their stron- gest: bulvvarks against executive and legislative oppression. Though I might reasonably account for this at- tack on the constitotion, from the circumstance of Mr. Jefferson having uniformly opposed its adop- tion, yet there are other reasons why His Excel- lency bears a decided enmity to the judiciary. On his advancement to the chief magistracy, he directly proceeded to the exercise of his great pre- rogative of fdling all the offices under the general government, and it will long be remembered, with what a sweeping arm he displaced all the former incumbents, aod with what romantic generosity he rewarded his followers and supporters. Even William the Conqueror was hardly more generous to his adherents, though he had a whole kingdom to bestow. But in this pious crusade against the officers of the former administrations, his Excel- lency was checked by the judiciary. Appointed to their offices during good behaviour, or until a certain age, they were in a great measure removed beyond his control. He could neither make them his tools or his victims, and I am fully persuaded that this disappointment was the cause of that steady enmity which his Excellency has displayed against this most important branch of our govern- IS ment. I say most important, because tbat'coun- try never can be oppressed which has an upright judiciary to administer the laws, and no country can be free from oppression, where the judges are the creatures of executive power. That the saving of sixteen thousand dollars, was a mere pretext for the repeal of the judiciary bilL I assert without fear of contradiction, and I ground myself on the subsequent conduct of the executive, which has been hostile in the highest degree. With- out dwelling on the impotent cavils of the Aurora and other respectable organs of administration, that are daily spouting their venom against the most respectable judges of the land, nay against the ve- ry institutions of justice, I shall content myself vvith noticing the various acts of His Excellency, in which he has manifested a determination to pull down the judiciary, or make it subservient to his views. The second experiment was unsuccessful, and happily was it for the people that Judge Chace found a refuge in the uprightness of the senate, who were not at that time quite so thoroughly drilled as they seem to be at present. Had he been sacrificed to the President, another and ano- ther victim would have perished on the altar of im- peachment; and in a very little time the people would have been surrendered to the discretion of upstart tools, who like a " most righteous judge' zvkom we all knozv, would not hesitate to set aside the laws, in order to compliment Mr. Jefferson, or the French, or even the Spaniards^ with the sacri tice of Colonel Smith, or any other gentleman whco was peculiarly obnoxious. The acquittal of Judge Chace ought to have been celebrated as a jubilee by the people, for it damped the ardour of impeach- ment, and ensured at least safety, to a most learn- ed, respectable and independent judiciary, which yet remains to us, a bulwark against executive op- pression, and legislative encroachment. 14 Baffled in this attempt. His Excellency cautious- ly retired into his shell, and there waited with the patience of a spider watching his prey, for an op- portunity of renewing his attack in a different form. His caution had however taken the alarm, and it was necessary to change the mode of w^arfare, from open force to covert stratagem. An instru- ment being necessary to the perfection of his plan, he cast about for one whom no sense of honour or conscience would bind, and who would be content to receive the smiles of executive favour, as an ad- equate compensation for universal contempt. He found him wdiere such men are often found, bask- ing in the sunshine of power, and gilded with the trappings of honour. In short he found him in the person of the renowned General, who swears by the honour of a soldier which he never had aright to pledge, and pollutes the Evangelists by making them sanction a falsehood. Of this far-famed hero, this conqueror of the Sa- bine, this terror of the Spaniards, who has degrad- ed hs soldiers into catchpoles, and his officers into bum-bailiffs — v\ho has " swore all sorts of oaths," and betrayed both friends and enemies, I shall speaif directly more at large, and with adue regard for his manifold merits Though not an ilhnatu- red man, or inclined to severity, I do confess 1 love to handle a recreant, a hypocrite, or an oppressor who looks down from his high station, and fancies he is beyond the reach of retribution. I am proud of the fl^eling of honest indignation which posses- ses me, whenever I think or speak, or hear, of this powdered reptile, this motley composition of cox- comb, bravo,* miser and coward. To despise * Those who have ever heard the name of Truman, will under- stand what I mean by bravo. This unhappy gentleman was murdered while convoying provisions, by a party disguised as Indians. It was said he had discovered some of the General's cecrets ! " Dead men tell no tales." 15 baseness is one step towards virtue, and to hate a hypocrite an approach to wards honest open dealing, I perceive it will be necessary to the task I have undertaken, to speak of an unfortunate gentle- man, once the delight of his friends, the late Vice President of the United States. Fallen as he is, and lost to his country, I shall speak of him with that candour and moderation, which becomes us when we talk of those who are no more. With- out being led astray by the yelping curs of faction, or influenced by the spirit of party, I shall appeal to my own understanding as the criterion of my belief, and to my own heart for his condemnation or acquittal. My object is not to defend Col. Bnrr, but to expose the encroachments made on the constitution and laws; and the usurpations of His Excellency and his minions, on the rights of the judges, in the course of what mjiebile ludibrhim was called a prosecution for high treason. In order to let my readers into the secret of Mr. JefFerson's enmity to Col. Burr, and to develop the reason why he selected that gentleman as the victim of his illegal proceeding's, it will be proper to turn to the period when His Excellency be- came a candidate for the presidential chair. Every body knows the struggles which took place at Washington, and the difficulties which attended the election of Mr. Jefferson. Notwith- standing all that was urged by the renowned au- thor of the '* seven letters," which hke the seven. champions of Christendom carried all before them, it is certain that but for the policy, or prudence, or self-denial, call it what you will, of Col. Burrj His Excellency would not have been President at- all. It is capable of demonstration that Mr, Jef= ferson was indebted to that gentleman for his suc- cess. It was known that the federalists at that time could have turned the scale in favour of ei- ther Col, Burr or Mr. Jefferson, They offered on 16 certain conditions to support the former gentle- man, which conditions had he accepted, he might have been President of the United States. That he was not President is a proof that he did not ac- cept them, sufficiently strong, one would suppose, to counterbalance even the unbiassed testimony of the irnparfial and independent author of the "seven letters." I cannot help attributing all Col. Burr's subsequent misfortunes to this one crime. That he suffered such a man as His Excellency to be- come master of the fate of his country was a fault which all his sufferings cannot expiate. Some minds are impatient under the weight of obligations, and like an ass when too heavily laden, will kick and plunge with wonderful vigour until fairly rid of the burden. 1 have studied His Ex- cellency's mind, with all the attention so great a curiosity merited, and can venture to assert that gratitude is not his foible. Besides, the man who gave the gift might have it in his power to resume it ; it was therefore necessary to the security of His Excellency, and the honour of Virginia, that Col. Burr should be dispossessed of the confidence of the people. How this was accomplished is well known. I disclaim all intention of becoming the advocate or apologist of Col. Burr, but this I will say, that the wretched instruments and dis- honourable means used to blacken his name were such as ought to have made every man of feeling his partisan, and such too as never were employed in a good cause. It is a maxim in politics, as well as in morality, that iheend to be obtained is best judged by the means v^h\ch are used for its attainment. When we see men pursuing honourable means, we may conclude without the possibility of mistake that their object is equally honourable. But when on the contrary we behold fraud, violence, falshood and hypocricy, employed as means ^ and wretches of mean intellects, violent passions anc3 low educa- tion, witliont honour or honesty to guide tlieni, se- lected as the chosen instrumeius — reason, con- cionsness, every power and principle hi' the mind will bear testin^ony that something evil lurks at the bottom, and that "this cannot come to good." The imnmtaiile laws of nature, the tremendous au- thority of the Deity are against it. When by these successful stratagems of fraud. Col. Burr bad been driven from his proud sUition in the public mind, he became a candidate for the first-magistracy of the State of New-jork, I'he election for that office terminated in his failure, and this disappointment was soon followed by a duel, which ended in the death of one of the first men that ever adorned this country. Of that event no honourable man ever spoke but with tlie most piercing regret. "But happy in miy mind was him that died," for the days of tlie survivor have been days of persecn'iion, banishment and regret. Chased from his country, the one is a fugitive in strange lands, while the memory of the other is cherished in the hearts of his coMntrymen. Yet the torrent of sorrow which flowed on that occa- sion, was polluted by the tears of many a secret enemy, who rejoiced in the termination of the General's illustrious career, and cloaked his hatred. of Col. Burr under the amiable garb of sympathy for the fate of his rival. But hypocrisy is the homage which vice pays to virtue, and the hypo- crite only fulfds his destiny, when he affects an honest sorrow at the moment his heart is throb- bing with guilty transport. The spirit of party, I fear, rather than the spirit of justice, obliged Colonel Burr to become afugi- tive, and the odium which was spoliied upon hmi by all parties, who seemed for a while to forget their antipathies in the delight of hunting a de- fenceless mdividiial, nmst be fresh in the memory C of every man, who paid any attention to the poli- tics of that day. They will remember how this gentleman was hunted from place to place, how ev- ery man, however degraded and infamous joined in the hue and cry — how wretches with conscious guilt revelling in the inmost recesses of their hearts looked down upon him, and whitewashed their spotted consciences by the comparison. He was the river Jordan which cleansed even lepers. One would have thought that the world had rolled back to the days of primeval innocence, and that this was the first time the earth had ever been polluted with blood. I have been told by those who had access to Col. Burr at that time, that his conduct under these dreadful visitations of popular fury, was manly, temperate, and every way worthy of one who from long experience of the hurricanes that so often lash the troubled ocean of democracy, had nerved himself to endure the violence of the tempest. But on this I will not enlarge. I may be branded with the ignominious epithet of an advocate for treason, a disbeliever in the infallibility of His Excellency, and the soldier-like honour of General Wilkinson j a heresy which even His Excellency would scarce- ly pardon, though his toleration extends to blas- phemy. If however he should be offended with my disbelief, Thomas Paine shall be my advocate, and His Excellency who applauded the pious war- fare which he waged against the oracles of the di- vinity, will I hope pardon me for that which I wage against his own infallibility. I have considered it necessary to enter into these detads in order to show that Colonel Burr being the object of His Excellency's most philosophical hatred, and also an object of persecution to all par- ties, was a proper subject on which to try the grand experiment, how far the constitution might be vi- olated with impunity, and how far the jurisdiction 19 of the judges and the laws might be infringed with- out alarming the people. The object to be acted upon, and the time of ac- tion were both equally well chosen, and the whole plan of oppression passed through triumphantly, without opposition, and almost without notice. The guardians of the people, the newspapers, gave it no attention, or mentioned it only to applaud: The patriotic demagogues who spend their days and mghts in watching with untiring perseverance over the rights of their constituents stood by un- moved, and saw the altar of justice proplianed : while the advocates of liberty and the common rights of the citizen, applauded to the skies, those measures which, if erected into a precedent, will sweep that liberty and those rights beyond the reach of recovery. Had these oppressions been practi- sed by a federal administration, the whole country would have been made to ring with thetyranny and oppression of government ; but because they were put in practice by the object of their idolatry, these honest patriots could do no less than bow down their heads in submission. The pagans abhorred adultery, and yet adored Jupiter, who was the most notorious cuckold-maker of all the heathen deities! But to the proof. The follovv^ing is the oath ta- ken by the President of the United S^-ates, previous to his entering on the administration of his office. " I DO SOLEMNLY SWEAR TEIAT I WILL FAIi H- FULLY EXECUTE THEJOFFICE OF PrESIDEN r OF THE Umied States, and will ro the rest OF MY ABILITY, PRESERVE, PROTECT, AND DE- FEND THE CONSTITUTION OF THE UNITED Sta TES." This is the oath prescribed by the con- stitution in its own defence; and when its honest framers had thus guarded the sacred deposit, they probably thought it secure from invasion. But times are sadly changed since the days of these grey-beard politicians; " wrens make prey where OQ eagles dare not perch," and what in those times of siosple honesty was coD.sidered sacred, is now the sport of" successful experiment/' If his Excellency however has, as I presume to suspect, infringed the constitution, and the laws^ I am not so unreasonable as to ihink him altogeth- er inexcusable. I make every reasonable allow- ance for his having been born and educated io. V^irginia, where the people have a mortal dislike to iiny regular administraiion of laws. This an- tipathy I suppose they inherit from their ances- tor|, who were, for the most part, victims to the severe administration of justice in Great Britain. History records thai m consequence of some /ifflc irijlmg peccadilloes, the lav proposed to them the folloving disagreeable dilemma, to wit, either to transport ihemselves to Virginia, or stay at home au'i be hanged. Who can Idame these lofty de- scended patriots for thus resenting on the laws the indignities of their forefathers? But let, us see what is said in that constitution, which His Excellency has swos n to "^'preserve, pro- tect, and defend"? It says '^ the judicial power sh^il extend to all cases in law or eqaiiy arising under the constitution" — "That no person shall he held to answer for a capital or infamous crime, except on \\\e presentment of a grand jurif — "That no person shall bedeprived of life, liberty or prop- erty, except by process of laiv'' — And "that in all CRIMINAL PROSkCUilONS the accused shall enjoy the 1 ight of speady trial by an impartial jury of the state and district where the crime shall have been committed, which district shall have beea previously ascertained by law." Let us now compare these principles with the measures pursued by the noble persecutors in the case of Col. Burr, and see how they harmonize with each other. For this purpose it will be prop- per to introduce theSABiMii HERO and his famous ^^popi^h plot" to the reader's notice. My readers doubtl^s recollect this celebrated plot, neither are they stranorers to the great TiTUS Oa ! ES, who like Atlas bore this mighty fabric on his shoulders^ They will remember how that PERJURED INFOR- MER said and unsaid ; one dav accusing men as accomplices, and the next, declaring them inno- cent on his oath, how he prevaricated and shuffled, until eventhe mostcorrupt judges, would hardly re- ^ ceive his testimony — How when the delusion had vanished, and men began to resume their senses, he was solemnly tried for perjury, and convicted on the evidence of forty witneses of undoubted ve- racity ! And how finally, he was condemned to be whipped on two succeeding days from Aldgate to Newgate. Were I like honest Plutarch in the hab- it oicomparing the lives of heroes, I would take this opportunity of drawing a comparison between Ti- tus2a\A the Sabine hero, whom in the course of tliis work 1 shall take . the liberty of calling after his great predecessor in the manufacturing of plots. There are undoubtedly many strong points of re- .semblance in their characters, and though the /^^y^o has hitherto escaped his zvhipping, I trust that the denouement of his history will render the resem- blance still more complete. This conspiracy, like every thing else relating to the government, is enveloped in obscurity. Af- ter all the patriotic exertions of the Sabine hero, ihe American Titus Oqtes — after all the labours of Mr. Hay and his compeers—after ransacking the continent, and diving into the dens of profligacy and ignorance for witnesses, and after expending about two hundred thousand dollars, in order to bring this terrible business to light, all we know for certainty is, that the deadly conspiracy which was to split this great empire, and separate the in- land and maritime States from each other, was raised by an alTidavit, and suppressed by a proc- lamation ! From this tremendous mass of obscurity, I shall endeavour to select some circumstances which may perhaps throw light into the regions of its utter darkness. In this I shall be as brief as the nature of the subject will admit. I do not mean to enter into a vindication of Colonel Burr, because his in- nocence or guile is entirely immaterial to the sub- ject; for the constitution may be violated in the person of a traitor, as well as in that of an innocent person. It will be remembered that about the time this plot was first said to be agitated, that this country was considered on thethresholdof awar withSpain, and even His Excellency so tar forgot his usual caution, as to set forth in a proclamation that hos- tilities had already commenced on the part of that nation. The idea of a war with Spain has always been popular in this country, because the people have ever cherished the idea that her provinces in South- America were entirely defenceless, and would fur- nish a plentiful harvest to the invader. Sanctioned therefore by so respectable an authority it is no wonder that interprising individuals began to look with eager eyes towards the rich and fertile fields of Mexico. At this period the armament of Gen- eral Miranda was fitted out under the very nose of administration, and though, after it had sailed, the most peremptory orders were dispatched for its de- tention, still it was the general opinion that this was merely a blind to hoodwink the Marquis Yru- jo, who at that time made some spirited remon- strances. This opinion was sanctioned by a jury on oath, when sometime after a prosecution was commenced against Colonel Smith and Mr. Ogden^ who, notwithstanding the disadvantages under which individuals always labour when opposed to the State, were honourably acquitted, to the great mortification of the honourable prosecuter. 23 Long before this period, however, there is little douln that the invasion of Mexico wds a favourite object of the enterprising Sabine hero, who notwith- standing the liberal alloivance made him bj the Spaniards, was anxious to have a full sweep of the country which supplied such an unexhauslible quantity of tht'se treason-making dollars. Like the honest proprietor of the golden goose, he vvas not content with an e^g every day, but waited an op- portunity of rifling the rich hoard itself. The valiant General, it appears, is eminently qualified for carrying on an intrigue. At first sight he might be mistaken for a mere military coxcomb^, a species of animal more contemptible than dan- gerous. But to the observer of keener eye, who looks through the powder and pomatum, and tin- selled foppery with which he is disguised, the form of cold, calculating, selfish villany, is seen crouch- ing for its prey. Every wrinkle of hiscountenauce is the lurking place of mischief, and every glance of his eye warns the observer to beware of treach- ery. With this man Colonel Burr met occasionally in his journeys to New-Orleans, and as the General was in want of able men to second his plans, it ap- pears that he opened to his visiter his design upon Mexico. He stated to him that the two nations were on such terms that a war must inevitably take place; that from the communication made by the President to Congress, it was expected by all par- ties; that the people weTe thoroughly enraged with Spain; and that at all events he himself could bring on hostditiesat anytime, by sending out a detach- ment which would certainly be attacked by the Spaniards. To Colonel Burr, a fugitive from his native soil, and bankrupt in fortune and iu fame, such a plan offered temptations which at once deci- ded him. There was certainly no treason in it, for there is little doubt that the cabinet were apprised df the design of setting on foot an expedition td Mexico, and intended to plume themselves on its success. Thus stood matters when one of those strange revolutions, that make wise men laugh and the viilger stare, took place in the cabinet, and chan- ged altogether the face of our political atlairs. All at once it was understood that our differences were on the eve of being accommodated ; that- the "'speck of war" which His Excellency had seen "ri- sing above the horizon" had vani-hedj that the re- presentative of his most catholic majesty had sjiveu assurances of ample satisfaction for every affront; and that finally there was to be no war. Whether policy, or intrigue, or the Marquis Yrujo's elo- quence, or Gen. Turreau's whiskers, or the inter- position of the Great Emperor wrought this mira- cle, remains a state secret, and will so remain un- til our new order of Jesuits shall be abolished, and the people restored to the privilege of using their understandings. Certain it is, that His Excellen- cy after having, like an honest mastiff, barked and snarled and showed his teeth for a while, was all at once metamorphosed into a little drivelling xvhiffit, and with tad betwen his legs did most in- continently scamper away from the seat of govern- ment, with as much speed as if his Persian ram had attacked him with his multifarious horns. It is said that when the noble Marquis heard of this second inimitable retreat of His Excellency, he was hugely tickled, and burst into a fit of laugh- ter altogether unworthy the superb gravity of ao, ancient Castilian. This sudden change in our relations with Spain, it will readily be supposed, altered the views of administration towards Mexico, and it became ne- cessary to disclaim the plan of the Sabine hero^ as well as that of Miranda. This might have been easily done ; but as His Excellency the"President 25 is universally allowed to be a man of spirit, be did not like to knuckle to the Dons, by making this disavowal, and trying again the experiment of a peace offering, as in the case of Col. Smith. Be- sides it would have been extremely difficult per- haps impossible to offer up Col Burr, without im- plicatmg the great Titus Oates. who was too use- ful a man to be sacrificed, and whose dying speech might have disclosed too many state secrets. Here was a better method, which whether hatched in the fertile brain of the philosophic statesman or the renowned General I am at a loss to decide. Could I with certainty point out the author he should most assuredly receive his full measure of praise for the wonderful discovery, or invention; as it is, they must divide the prodigious honour between them j there is enough for both. The plan was this. Col. Burr was assured by Titus Oates, ih^t notwithstanding present appear- ances to the contrary, government still retained its hostile views towards Spain ; that though it was necessary to temporize for a while, still in all prob- ability the President would sanction their plan, and assist them in its execution. Jt was insisted that the most profound secrecy was absolutely ne- cessary in conducting the preparations for this un- dertaking, and that its real object was not to be disclosed to any but their most confidential asso- ciates under the solemnity of an oath. When every thing was ripe for execution, whis- pers of a plot to dismelnber the United States be- gan to float about. Nobody knew from whence they came, and the uncertainty which accompanied them created the greater alarm. There is no danger so appalling to the imagination as that which approaches unseen, and like ghosts and spectres cannot be guarded against by any human precaution. After these ideal terrors had brought the nerves of the people to a proper state'ofweak- D -26 itess, the great trumpeter of his party, Colonei Duane, sounded his trumpet, which like the famous horn of Astolplio, was able to appal the stoutest heart, and discomfit whole hosts of warriors. He was followed up by His Excellency, who forthwith called for his sharp pointed pe??, and wrote a pro- clamation, beginning with a most alarming " WHEREAS," and ending w\th fire, murder and "flat rebellion." The members of Congress not to be behind hand, began to chatter like so many inspired apes 3 and had it not been for the spirited remonstrances of Mr. Randolph, the most sacred security of personal liberty, the Habeas Corpus act, would have been suspended, merely on the rumour of an insurrection ! The constitution it is true declares that the Habeas Corpus act shall not be suspended but in times of rebellion, or great public danger. It appeared on the trial of Colonel Burr that he never had more than thirhj men with him, during his expedition down the Ohio, and that he never proceeded to any act of rebellion. Yet with these thirty valiant heroes, armed vi^ith clubs and pitchforks, did he put the public in " great danger' and frighten Congress into an attempt on one of the dearest rights of the citizen. — Nay with these thirty m.en, did he, according to the affidavit of *'the hero of Derne," intend to drive Congres.'> neck and heels out of the capitol, and cut off the head of His Excellency himself ! — Terrible ! — Had these men been peers of Charlemagne, or even knights of the round table, each of them able to kill a giant or dragon, one might have expected, from them such mighty deeds of arms; but that thirty mere peasants and batteauxmen should have created such a panic, is a proof of such weakness and folly, as I cannot suspect even our administra- tion of possessing. It is true that few if any doubt the existence of this plot, and that Col. Burr has fallen a victim to ^7 that belief. True he has escaped with life; but he has forfeited for ever what remained to him of the people's confidence, and above all he has lost the place which during all his trials he had till then retained in the hearts of his friends. So success- ful indeed have been the arts of Titus Gates and his noble coadjutor that there is now scarcely a man who doubts that Col. Burj' was guilty of con- spiring the dismemberment of the United States ; although after all the unparrelleled exertions of Mr. Jefferson, certainly dictated by the purest love of justice — after all the testimony which could be procured by ransacking the country from one end to the other — and after all the perjuries and misrepresentations of ignorant and corrupted wit- nesses — a jury certainly not partial to the priso- ner pronounced him innocent. That no proof of a plot so near maturity, and comprehending so many individuals, could be procured by the most arduous industry spurred on by the most inveterate malignity, is a phenomenon unparalleled in the history of the world, and might mdwce very scepti- cal men to doubt its existence, even though veri- fied by the testimony of the immaculate Oates himself But although this chosen witness, and his fellow labourer, succeeded in destroying an obnoxious individual, yet they failed in another very impor- tant part of their plan, that of escaping uncensu- red themselves. His Excellency is indeed still posssssed of the conlidence of a large portion of the people ; but even the people cannot be for ev- er deceived by the most consummate artifice, and he is now treading the downhill path to oblivion. Or if his memory survive his cotemporaries,he will only be quoted as the hypocrite who under the semblance of patriotism cheated the people of their rights — as the miserable minion of foreign io- Huenccj who governed his country without glory 28 or advantage, and who having in the "full tide of successful experiment" conducted her to the verge of destruction, abandoned the poor victim of his arts as a wretched qnack deserts his patient after having drugged him to the gates of death. As for the famous affidavit-monger and catchpole Gene- ral, notvi'ithstanding his most honourable acquittal, I believe there is no honest man, who for the wealth of worlds would bear that torrent of contempt and detestation which gathers about his name, as it rolls from one end of the continent to the other, threatening to sweep away the recollection of all former malefactors and their crimes, 1 have thought it necessary to premise thus much in order to throw some little light on a dark and al- most inscrutable affair, and if possible interest the reader in favour of these two renowned conspira- tors against Colonel Burr and the constitution. I will now proceed in my principal design, which was to substantiate the charge against His Excel- Jency that he has infringed the constitution by de- priving a citizen of the United States of his liberty witiiout due course of law, and by invading the rights of the judicial branch of the government, the only security against executive oppression and legislative folly. That government only can be pronounced free, in which the life, liberty and property of the citi- zen, are subject to those laws, to which the majori- ty havegiven their consent by their representativeSo Accordingly in all free constitutions care has been taken to guard against oppression, by securing these rights to the citizen by the most positive de- claiations. Thus the constitution of the United States declares that " no individual shall be impris- oned but by due course of law, or held to answer for a capital, or otherwise infamous crime, except in a presentment or indictment of a grand jury. ^\ Let us compare the conduct of His Excellency ^9 and his minions in the case of Colonel Burr, and see how it agrees vvith these solemn declarations of the constitution. We have seen how, for the purpose of putting^ the finishing stroke to Colonel Burr's ruin, it was found necessary to frighten the women and children of the United States, with horrible tales of deep con= spiracles, and approaching " iron wars." Accor- dingly the peaceable inhabitants of the country were kept in perpetual apprehension of the terri- ble traitor, who one day was coming down with an army often thousand bloody-minded men, armed cap-a-pee, to take possession of New -Orleans, plunder the bank, murder the men, and ravish all the innocent women— at another time his boats covered the Ohio and Missisippi as thick as hopSj and the whole country was on the point of being overrun, burnt, sunk and destroyed by a vast body of freebooters, who it appears by undeniable testimony never amounted to more than thirty men ! — The creation of this terrible phantom of rebellion was indespensable to the success of the plan ; for His Excellency is philosopher enough to know that men are never more cruel than when, under the influence of imaginary fears j and that the people are never so likely to pardon oppression as when it is practised under the specious pretence of securing their safaty. AVhen Gates had thus blown the bladder of his conspiracy to its proper size, he proceeded with great diligence to save his country, by apprehen- ding this terrible traitor, who with four or five boats and thirty men was going to undertake the dismemberment of a great empire, united in itself and at peace with the whole world ! Accordingly without any legal authority whatever, without even the formality of a justice's warrant, the prop- erty of a citizen of the United States, who was peaceably, and in defiance of no law^ proceeding 30 down the Ohio, was seized by a rabble of miiitia It is true the constitution provides that ^' the inglii of the people to be secure in their persons, papers and effects shall not he violated J' But what of that ? His Excellency has only, with the assistance of Titus Oates and Col. Duane, to invent a conspiracy, and he may destroy the property of all his enemies without exciting a single murmur. The people of the United States are very easily satisfied, and so you but allow them the name of liberty, are content without the substance. His Excellency has only to bid them beware of tyranny and he may practice it without a murmur— like the pick- pocket — who after having stolen his neighbour's watch, warns him to take care of his pocket. But though under the false pretence of public danger Colonel Burr's property was thus illegally seized, yet his person still remained at large; and never I believe did hungry giant cry *' fee, faw, fum" and thirst for " blood of Englishman" with a more craving appetite than His Excellency did for that of Colonel Burr, The first experiment having succeeded so admirably, (for no one whis- pered a breath against the seizure of the boats) thenceforth encouraged so mightily the noble Titus and his friends, that they from that moment proceeded in their work without any fear of future retribution. In the breast of the villain conscience is nothing more than the fear of consequences — promise him impunity, and you take away the on- ly obstacle to his crimes. Tliejudges, those everlasting stumbling blocks in the way of oppression, not being found sufficient ly docile, to grant blank warrants against they knew not who ; and being troubled with certain ridiculous scruples about the violation of the laws, and such " stuff of the conscience," it was found necessary to set their authority, as well as that of the constitutions aside, and to declare martial law. The Habeas Corpus act was in effect suspended, and the citizens of Louisiana surren- dered to the discretion of a military commander ! In any despotic government, England for instance, auch a tyranical usurpation of civil right would have raised a sentiment of indignation that would have endangered the safety of the King himself. But Mr. Jefferson is such a patron of the rights of man, and such afriendof the people, that he may do any thing in their violation with perfect impunity. It was one of the strongest complaints in His Excellency's celebrated declaration of Indepen- dence, that the King of England " affected to ren- der the military independent and superior to the civil power." If the mere affectation of this was such a griev- ance, what shall we say to the reality? What shall we say to the man who, being the very high priest of liberty, sanctions the usurped authority of a mil- itary despot, while he tramples on the most impor- tant privilege ever accorded to afreeman — that of being subject only to the legal authorities of his country-? Why was it that we seperated from the parent country? — -That we might be governed by such laws only as we had assented to by our rep- resentatives. In this consists the very essence of freedom, and without this a nation, however it may please itself with the name of liberty, is nothing but a community of slav^es. Now I would ask, is there any thing in our con- stitution or laws which'authorizes a military com- mander to seize the person of a citizen, and trans- port him from one endof the continent to the oth- er, without a warrant from the civil power ? And if, as I maintain, there is not — under what author- ity was it that General Wilkinson apprehended Colonel Burr, and his associates, and shipped them to Washington ? — By what authority did he pre- sume to shut them up in forts, and prison ships. 52 rolbl)ing them of their clothes, and denying them the privilege of bail ? Not by the authority of the civil power, for such was the contempt in which his arts were held by the judges that not a single warrant was issued on his ap{)lication. These facts are serious; and they become more so when we find the man who has been guilty of such things^ basking at this moment in His Excellency's smiles, and admitted to all his councils. Having thus, by virtue of His Excellency's sov- reign will and pleasure, become a most learned and u\)ng\\t judge, the catchpole General procee- ded to exercise his new functions with all that mo- deration which is the characteristic of a mean and pigmy mind when elevated beyond its usual sphere ©faction. Colonel Burr was hunted like a con- demned malefactor from one jurisdiction to anoth- er — and this after a grand jury had refused to in- dict him ! The sword was exchanged for the con= stable's staff — officers were degraded into canch- poles, and vessels of war into prison ships— and from one end of the country to the other there was a general prostration of law. In this crusade against the common rights of the citizen our Titus Gates distinguished himself by superior activity, and performed all sorts of things. At one time he was a General fighting most val- iantly against armies invisible to all but such as, like the quick-sighted native of the Hebrides, could see them in the air — at another time he was a ** most righteous judge" breaking ail restraint of law and decency, and committing men to prison by virtue of his own discretion: again he was like Nimrod, a mighty hunter before the Lord, snuffing the wind with the keen scent of a blood-hound^, and running down men, as if they had been trans- muted into wolves by sentence of outlawry : Then he was a right learned clerk, decyphering letters with most wonderful fidelity, and the next instant 33 a most faithful witnes<;, swearing all sorts of oaths, Proteus, it is said in ancient story, could assume a thousand shapes of villany, but he was a mere type of our hero. It might reasonabl}^ have been supposed that his Excellency being such a stanch supporter of the rights of the citizen, would have punished this pre- sumptuous commander, who had so palpably infrin- ged them. But no such thing took place. After a trial which in the opinion of all unprejudicedmeii was a mere sham, this man has been most honoura- bly acquitted, and instead of losing the confidence of the President is received into more than ordina- ry favour. Together with the Vendean hero Gen, Turreau he is consulted on every question of na- tional importance, and together with him presides over the destiny of our country. To receive mo- ney from a foreign power-- to usurp the civil au- thority — and to forfeit the confidence of the people, shall henceforward be considered as giving a man the strongest claim to honours, and rewards, under our glorious administration. My subject would naturally lead me to inquire into the constitutionality of "^transporting" Colonel Burr and his associates from New- Orleans to Wash- ington and Richmond for trial. This transportation for trial, is made one of the articles of complaint against the King of England in Flis Excellency's declaration of independence, which I am sorry to have occasion to quote against its author so very frequently. The constitution it is true provides against this species of oppression, by directing that *' the criminal shall be tried by an impartial jury of the state and district wherein the crime shall have beencommitted;'^h\]iit\\eco\\si\t\xi\ou, when not sup- ported by the sentiment of the people, is a feeble bar- rier against the power and will of the executive. AnotherPresident of the Virginia dynasty, and our constitution as well as our commerce will be annihi- lated, E 34 The importance of this right to be tried in the district where the crime is committed, is not so well understood by the people as it ought to be. I consider it as one of our strongest securities against the oppression of power ; for were it not for this salutary restraint any individual, however innocent, might be seized by a military despot, and dragged from one end of the continent to another, there to be tried, where it is utterly impossible to procure a single witness to attest his innocence. Although the article quoted iibove does not expressly say it, yet the intention certainly was that the criminal should not only be tried by a jury of, but that he should be tried in the district where the crime was committed. And such is the importance which I attach to the due administration of the laws protec- ting personal libertjj, that from the bottom of m}^ heart, I do believe it would have been better, that the unioji of the states had been violated, than that the laws had been so violated under pretence of preventing the evil.— If such things are to become common in this country, we shall ere long have occasion to regret the blood which was shed in de- fence of our rights, during the revolutionary war. Open oppression the people of this country will I hope always have spirit enough to resist; and it is only by undermi7iing and hypocrisy that they can be subdued. It is not necessary to my purpose that I should enter on the detail of Col. Burr's trial at Richmond The event is well known. Owing to the exalted firmness of Judge Marshall, who disdained to wrest the laws, or sutler them to be wrested to the purposes of oppression ; and to the impartial- ity of the jury, who disdained to be influenced by newspaper clamours, and who treated the testimony of Oates with merited contempt. Col. Burr was acquitted of the crimes laid to his charge. Col. Duane was also a witness on the trial, but on his 35' examination cut a most ridiculous tlgure, and was obliged to acknowledge himself totally ignorant of any thing appertaining to this famous conspira- cy. The only reasonable conclu-iion to be drawn from this circumstance is that the Col. was brought there to overawe the jury ; and I cannot help ad- miring the ingenious contrivance by which he was enabled to travel at the expense of the United States. There were two or three other witnesses on this trial, whose names 1 present to the reader's notice, for the purpose of shewing what truly honourable instrunjents, and means, were resorted to in ch'der to secure the condemnation of Col. Burr. Jacob All bright and Peter Taylor were, togeth- er with Titus Gates, the great pillars of the prose- cution. My readers have been made acquainted with the character of the latter, but they proba- bly do not know that Allbright and Taylor, were the very minions of ignorance, and so totally illit- erate as to be incapable of reading or writing. They were however choice instruments in the hands of the prosecutors, and were accordingly selected to prove the only overt act set forth in the indictment, namely, resistence to the civil authority in the person of Gen. Tupper, who com- manded the party of militia which was sent to ap- prehend Col. Burr's boats. Their testimony was however contradicted by at least thirty witnesses, and even Gen. Tupper himself declared, what was known to be a fact,— that he never in his life was in the commission of the peace ! There was also another witness whose fate ex- cited much sympathy. A Mr. M. a respectable young man from the State of Tennesee, by arti- fice or bribery, orthreats, was seduced into making an affidavit which went to establish the guilt of Col. Burr, for the purpose of justifying Wilkin- son's illegal apprehension of that gentleman. On 36 his examination before Judge Marshall he how- ever contradicted this affidavit in every material point. The Chief Justice, shocked at such dread- ful prevarications, bade hioi be sdent ; " and ne- ver open his mouth again in a court of justice," The miserable victim of artifice retired from court overwhelmed with remorse andshame— took laud- anum, and died. I might go on to detail some other anecdotes of the witnesses on this celebrated trial ; but those I have already given will be amply sufficient to de- monstrate the pious regard for justice which actu- ated "His Excellency and his ministers on that oc- casion. So very extraorduiary was the zeal of His Excellency in particular, that he wrote a let- ter to Mr. Giles, after that gentleman had been summoned as a juror on the trial, to assure him that there was no doubt of Col. Burr's guilt ! Mr. Giles incautiously, on his way to Richmond, mentioned this circumstance, addins: he was con- vinced from that letter, that the charge against Col. Burr was true. When his name was called in court, he was challenged by the prisoner, who offered to prove the facts above stated. Even the fluent Mr. Giles was struck dumb on the occasion ; and the orator who had displayed his eloquence in the face of the representative dignity of the United States, shrunk into silence before the very man he had pronounced a traitor. Who can won- der that a gentleman who had gone the lengths of His Excellency, should show his contempt of the judicial authority in this instance, and refuse to answer a suhpccna, directed to him by the Chief Justice of the United States r — I have heard that Kings and Emperors are exempted from givingtesti- mony in courts of justice ; but I should be glad to know, unless His Excellency is a Kingor an Empe- ror, in what part of the constitution he is authorized to demur to 2l subpoena f Suppose, for instance. His 37 Excellency was privy to a murder, or any other atrocious crime — suppose, no matter how impro- bable, that he should have in his possession the most undeniable proofs of Gen. Wilkinson's ha- ving been a traitor to his country in receiving a pension from the Spanish government. Is His Excellency obliged to give up these proofs when called upon by the highest judicial authority in the State, and when they are absolutely necessary to the due administration of justice? Undoubtedly not — neither Napoleon or any other tyrant would submit to it — and why should His Excellency? I shall wave any further consideration of this subject, not only because I have (unless I deceive myself) said sufficient to convince any man acquain- ted with the subject that the constitution was vio- lated in the person and property of Colonel Burr; but because there are more recent delinquencies that demand my attention. The constitution is like the decalogue, and he who infringes one single article transgresses the whole. I might therefore consider my principal object as accomplished, had 1 not undertaken to prove that there has been a decided hostdity in the present executive towards that constitution which, however he might have opposed, he had sworn to maintain. Far be from me the indecorum of charging His Excellency with having broken that oath. He may for ought that appears to the contrary, have chan- ged h'lsfaith, and became a convert to the religion as well as the politics of France; in which case the holy father of the roman church would willingly absolve him from the performance of a vow, so in- convenient to the illustrious convert. In the list of His Excellency's experiments on the constitution, the embargo claims a most con- spicuous place, especially when one considers that it lias been emphatically called his ^' strong meas- 38 MreT and moreover that it is the only one of the kind of which he has ever been accused. For the more thorough examination, it will be necessary to consider the constitutionality, as well as the policy of that measure, and for this purpose, let us go as far back as the declaration of independence. To all the complaints urged in this celebrated instrument, the constitution certainly intended to apply a remedy. We may therefore assume it as an undeniable position, that whatever is contrary to the letter of the declaration, is also contrary to the spirit of the constitution, which grew out of the principles laid down in that able manifesto. What say the representatives of the people, as- sembled in congress the 4ih of July 1776, an era memorable in the history of this country ? This patriotic assembly, equal in virtue and talents to any ever convened in any country, and composed of men who I fear will have few successors in their posterity — declare that one of their principal grounds for withdrawing their allegiance from the King of Great Britain was that "Hii HAD CUT OFF OUR TRADE WITH ALL PARTS OF THE WORLD." Until lately this might indeed have been consider- ed a very reasonable ground of complaint in the second commercial nation in the world. His Ex- cellency the President has however done precisely what is here complained of; and by a permanent embargo, not only " cut off our trade with all the world" but clogged our intercourse with each oth- er with so many vexatious and illegal obstacles that we may now almost be said to be cut oif from all trade even with each other. This pocket-pick- ing measure is exactly what the representatives of the people in 1776 considered as a flagrant outrage upon the privileges of British subjects, and I would ask if we are not now entitled to demand equal freedom ? If a citizen of the United States cannot 59 -?i'ow claim the privileges which he demanded as a subject of Britain, for what did we undertake a se- ven years war ? — If the constitution does not ex- pressly provide against such a devouring measures it is doubtless because it never entered into the imagination of its framers, that such an experiment woidd ever be repeated, while the example of the revolution remained as a warning to oppression. But an infringement of the rights of the people can never be justified by the poor argument that it is not forbidden by any written law. Murder would be a crime, even though not pronounced so by the canon and civil laws ; — and oppression ought to be exposed even though it may not be expressly illegal. The only passage in the consti- tution, which applies to the present question, is that which declares that Congress shall have power to " regulate commerce.''' To put an end to the very existence of our commerce is to " regulate''^ it with a vengeance ! It is like a watch-maker who under pretence of regulating your watch stops her for ever from going. But I have still another proof which I think will nearly demonstrate that the right of laying a permanent embargo, and more esjiccially of em- barassing the intercourse of one state with another^ by official shackles, and vexatious obstructionSp does not exist in the general government, but is nothing more than a downright usurpation. The second article of the confederation of the states, which is the basts of the union, and the on- ly security against the encroachments of the exec= utive, solemidy stipulates, that " each State retains its sovereignty, freedom and independence, and every power of jurisdiction and right which is not by this confederation expressly delegated to the United States in congress assembled.'' Now I challenge any Virginian casuist to quote me a single sentence in the articles of cunfedera- tioii which delegates this right of destroying com- merce to the United States. And if not so dele- gated, by what authority have Congress thus in- vaded the '■'■ sovereignty, freedom and independence'' of every state in the Union ? Not certainly by the authority of the constitution, for that recognizes no power, but that of " regulating commerce ;" and if it did, not being sanctioned by the articles of confederation, it would not be valid. If I do not deceive myself it will be quite un- nessary to bring forward any more authorities to prove the unconstitutionality of the embargo. Perhaps I might have saved myself the trouble of producing any at all. In this liberal and en~ lightened age, the divinity of the laws is a mere Chinese wooden god, who if he answers our pur- poses, is most devoutly cherished and adored ; but if not, is kicked, despised and broken. The laws oftheCreator,of society, and of nations, have yiel- ded to the new discoveries in religion and moral- ity. Thomas Paine has become the high priest of religion; and Grotius, Puffendorf and Vattel, have yielded to the irresistible reasonings of those great civilians Napolean, George the third, and Thomas Jefferson ; the latter of whom is doubtless vir bonus dicendi peritus — a good kind of a man skilled in talking. But what shall we say to the policy of the em- bargo, which is next to be considered. That must "be indeed a most melancholy measure, which can neither plead right or expediency in its excuse. Butsliould it happen, as in the present case, to be a measure o^ darkness, hviu'i^A through Congress, without deliberation or debate, and predicated on reasons which the framers are ashamed to avow, surely there is room for the strongest suspicions that the good of the country was not its sole object. A little consideration will serve to show tiiat this darling measure of His Excellency, which his followers dignify with the imposing title of hig ^' strong- ?}ieasu7T,'' is nothing more than the ricket- ty otFspring of his weakness and his fears combi- ned ; and that in every point of view it isdislion- ourableand injurious to the country ; dishonour- able as it amounts to an acknowledgment that our irovernment has neither the will nor the now- er to protect our commerce; and injurious, as it cuts off our prime source of national prosperity. It is not meant to assert that the embargo was solely the offspring of the weakness and fears of His Excellency. No — there is no dour)t but his policy came in for a large share. I mean his fa- vourite Virginia policy, vihich is borrowed bom the maxims of ihe great Chinese philosopher Coniu- cius, and the practice of the illustrious Kieii Lung. This policy, with which His Excellency and sundry other political pedants have been so com- pletely smitten, has it is true, zvitli the assistence of the great zvall, enabled the Chinese empire to subsist peaceably for upwards of two thousand years, vvith the exception of a single revolution: but a system which would preserve an absolute patriarchal government like that of Chinia, might not exactly comport with the genius of a repub- lic. The beautiful fancy of a country at peace with the whole world, pursuing her domestic hap- piness undisturbed by the convulsions which agi- tate the rest of the world, and dependant solely on its agriculture and arts for support, has there been put to the test of experiment. And what has been the consecjuence ? "O" answers the philosophic adorer of theory — -without doubt the happy period of the golden age has there been realized for ages — content, simplicity, cheerful uess and plenty there walk hand hi hand -, and all the rural virtues, the ethereal sisters, are seen to sport in the fields and hover round the fire sides of this F 4g happy coimtfy." Bat what says the enlightened tiaveller, who has had an opportunity of" view^- ing: these truths with closer eyes ?" Alas ! he be- holds nothing but a mighty system of towering oppression on one hand and abject submission on the other — an Emperor with the tiile of Great Fa- ther of China, exercising the functions of a tyrantj and a people, who with the name of his children, are abject slaves. The *' cankers of a calm world arid a long peace," have eaten away every high heroic feeling of honour, and the sole motives of their actions are the fear of punishment and the love of gain. Instead of the rural virtues, nothing is to be seen in the fields but labour and oppres- sion, and nothing at the fire side but poverty and gloom. The Emperor bamboos the great Manda- rine, who revenges his pains (he has no sense of disgrace) on him next below him, and he on the next; until at length th\s imperial legacy descends with interest to the lowest of the emperor's chil- dren, who crouching at the feet of some miserable minion of authority, most devoutly lick the dust, and thank the petty tyrant for the salutary discip- line they have undergone. PutTed up with ignoble conceit these people have been led to believe that, because the Europeans come so far for their commodities, they must be a set of inferior beings. Happy in this notable idea they hug themselves in fancied superiority, and look down wish all the lofty contempt of ele- vated Ignorance upon nations incapable of mak- ing nankeens, cultivatmg the teaplant, and con- juring snakes into a man's breeches pocket. This home-bred arrogance, which always springs up in nations which do not maintain a liberal inter- course with the rest of the civilized world, has been the great cause that this rich empire, which has flourished inviolate for so many ages at peace with all mankind, is sunk into the most deplorable ignorance and superstition. While the rest of the civilized world has been regularly advancing in learning and refinement, this empire of cabbage plants, engendered, nourished and rotting in the same spot, has lost what little science it once pos- sessed, and neglected all its liberal arts, in the zeal for manufacturing toys for grown chddren, and hoarding up money, which the tyranny of their little reptile officers will never suffer them to enjoy. There are other evils growing out of this per- petual embargo, which it is triumphantly boasted has ensured ihe empire of China a perpetual peace. The people have multiplied to such a degree that the country is unable to support them. Every year, according to the most respectable authornies, thousands of these wretched sufferers perish by famine, in different provinces, — Nor is this the worst — night after night, and every night, thous- ands of children are exposed to perish in the streets of the great cities by desperate parents who cannot support them ; and such is the acknow- ledged necessity for this inhuman practice, that no punishment is inflicted for this unnatural crime by the laws, from a conviction that there are alrea- dy too many people in the empire. Sometimes, indeed, humanity may snatch one of these poor in- fants from its fate ; but for the most part they are mangled by the dogs before morning, and their re- mains collected in carts that go about for that purpose. Thrice blessed policy !™What a happy country must that be, where the bomboo is the great min- ister of justice — where every body comes to buy tea — where a perpetual embargo maintains a per- petual peace^ — and where bloody war is exchan- ged for the more triflmg evils of famine and child murder ! — What a pity it would be if Hi> Excellent cy should be disappomted in the introduction of such invaluable blessings. Still it is to be hoped thai. Mr. Madison, the second bright star in the constellation of Virginia, will live to finish vv hat his great predecessor has begun, and that his native state at least will one day be permitted to realize all the unspeakable delights of a perpetual embargo, and its consequences! Bat however the motives I have mentioned might and did influence His Excellency in the adoption of his famous '■'■strong measure^ he was too much of a politician to put them forward to the people, who notvvithstanding all the attempts of oiir Chinese administration to extinguish it, still retain, and I trust will ever retain, some vital spark of that sacred fire which once burned in the hearts, and sparkled in the eyes of Washmgton's illustrious followers. His Excellency, I repeat, was too much of a pol- itician to acknowledge the real motives which dictated the em!)argo, and cloaked his fears and his Chinese policy under the specious pretence of kee- pitiu our property safe at home and protecting our seamen. Among the people of America, who resemble the Chinese in their veneration for money, the idea of preserving their property was extremely popu- lar; and however I may be induced to censure His Excellency's general conduct, I cannot here refrain from expressing my admiration of the pro- found skdl with which on this and many other oc- casions he has piac'tised his deceptions. Hypoc- risy is one of the great qualifications of a popular leader, whose zvisdom consists in deceiving the people — It is a dark lanthorn, which while it hides the bearer in obscurity, enables him, to see every obstacle in his way. When the backs of the people had become a little accustomed to the embargo and they began to amble along with a considerable degree of ass- like docilityjout crept a little broodof supplements, 45 which Congress vomited forth with as much rapi- dity as a snake does lier precious progeny of in- fant reptiles. The people were dosed with sup- plement after supplement, until their- stomachs fairly turned, and they exhibited a face almost as rueful as that of Sancho Panza, after swallowing a potion of the balsam ofFerabras. At lengihthe learned college of political doctors, having finish- ed their prescriptions, and holden a last consulta- tion over their exhausted and consumptive patient, adjourned with great decency, and were all sent home with a strict charge to intrigue for Mr. Madison. These supplements at length seemed to rouse the people, who though not remarkably quick- sighted are sometimes like Balaam's ass inspired to see what is right before their eyes. They began to distinguish through the almost impenetrable mist of His Excellency's policy, the real intent of this "strong measure" and the extent of its ope- ration. Mmds of the most obtuse faculties be- gan to perceive that if the preservation of '^^ our property'' had been the real motive for laying the embargo, the prohibiting our trade with for- eign nations was alone sutTicient to answer that purpose. They saw that there was no necessity to interdict the intercourse betwen one state and another, to withhold our citizens from an exchange of their own productions, or to give to every little contemptible officer of the customs a discretion- ary power to permit ofily such vessels as //e of a whole community. Afjain — has this prodigious measure answered any one of the ends for which it was os- tensihly designed r — Have the decrees of France or the orders of the English Council been aban- doned, or have the offending nations discovered any symptoms of repentance or amendment? Alas ! No — It seems that these desperate delin- quents are determined to provoke their final des- truction, by persevering in wickedness, until His Excellency shall at length rise in all the irresista- ble strength of cowardly desperation, and with the aid of his catchpole Genera! Tit us Oaies, his val- iant bully Colouel Alias Duane, his invincible Gun- Boats, his Bum- Bailiff' army, and his terrible proclamations, astonish the whole universe with the measureless measure, of his immeasurable revenge! I could not resist the inclination to treat the sub- ject of His Excellency's warlike preparations with a degree of contemptuous levity, which contrasted with the gravity of my subject may perhaps ap- pear misplaced. But in reality there is something so exceedingly ridiculous in the figure His Excel- lency makes at present, and his situation is so lu- dicrously distressing, that even at the very crisis when his poor temporizing ricketty policy has brought the barque of the commonwealth into imminent danger, 1 cannot help looking back at the dismayed and unskilful pdot, who staijds aghast, at the prospect before him, and laughing in his face most indecorously. I thank Heaven it is not my fault, but the blmdness of my country- men, that to use the words of a celebrated writer ** We are governed by a set of drivellers whose folly takes away all dignity from distress, and makes even calamity ridiculous." Having as I think routed His Excellency out of some of his strong holds,, I shall make a short re= capitulation of his public conduct, for the purpose of shewing that he has no claim whatever to the contidence of the people, and that as the first ma- gistrate of a republic he has degraded hiscountry, and forfeited the title of an honest man. His Excellency while secretary of state under General Washington, in the opinion of all his cotemporaries, supported that infamous paper which was a perpetual libel against that great and good man, wliose character one could have suppo- sed was too pure even for the malignity of fiends to attempt. That pajjer was then, and is still con- ducted by the mad malignant idiot, once plain scoundrel Duane, but now by the courtesy of His Excellency, who remembers his old friend and fel- low labourer, dignified to the indelible disgrace of a once honorable profession — with the title of Colonel Duane. What but the most gnawing am- bition — what but the phrensy of high-wrought jea- lousy, or the fell envy of the liend, who sighs to bringdown the pure ethereal spirit to the level of his own darkness, roz//c/ have prompted an American to abuse and vilify so excellent a iiero, or to reward the foreign hireling for a service of such prodigious infamy? — If the pure spirit of the Fabius and Mar- Cd-Z/z^i- of America, himself both sword and buckler of his country — ever contemplates its fading glo- ries, how will it regret the blood that was spilled in the glorious struggle for that manly liberty and independence, which in a ie\^ short years has given place to an ignoble and cowardly system of decep- tion and chicanery. His Excellency while secretary of state was as notorious for his devotion to the interests of repub- lican:, as he is now to those of imperial France, and on every occasion associated himself in the cabinet with the then attorney general Edmund Randolph^ in opposing the wise measures of General Wash- ington, to resist the torrent of popular madness. 55 The attorney general was afterwards convicted of betraying his country to France, but the secretary has been more fortunate, or rather more prudent; and however strange the delusion may appear, there are absohitely vast numbers of well-meaning people, with the reputation of common sense, who still believe him innocent of any share in that honourable transaction ! For these and a variety of other brilliant atchiev- ments, His Excellency was elevated by the grati- tude of the people to the chair of chief magistrate, with full power to pursue his favourite scheme of aggrandizing his native Virginia at the expense of her younger sisters. Almost the first act by which he signalized his administration was entering a nolle prosequi, to stop the proceedings against his worthy coadjutor Colonel Duane, who was then under prosecution for a most infamous libel against General Washing- ton. This was exactly as it should be. "Honour amongst thieves" says the old proverb, and xi they betray each other where shall we look for fidelity in this wicked world ? By making this diversion in favour of his faithful friend and compeer, His Excellency not only sig- nalized his gratitude, but also his prudence. For if the renegado Colonel had been left to suffer the consequences of his crimes, he might in revenge have turned upon his employer, and betrayed his dark secrets. Yet notwithstanding all the rich crusts which His Excellency has given to keep his stanch blood-honnd true to the scent, a time will certainly come when he will gorge on his master. For in the general system of Pr'';;'idence there vi^ill be found a principle of retributivejustice, by which sooner or later the wickedness of the hypocrite i^ revenged by the treachery of some worthless ac- complice. When a great man descends to mean and little actions, and commits to the custody of a . o4 tool, even the tattered remnants of a rotten refuta- tion:, he becomes the slave of his own instrument, and for ever forfeits that independence, which to a noble mind is the first blessing of Heaven. When His Excellency had become a little accus- tomed to his blushmg honours, and began lo feel himself strongly seated in the saddle of authority, he lost notimem putting into operation thatsystem of government by which he hoped to debase the MIND of his country, paralize every noble spring of action, and destroy every principle of emulation^ but that of fraud and hypocrisy. For this purpose it became necessary to secure the co-oporation of the legislative branch of the go- vernment, which emanating more immediately from the people, possesses in general more of their confidence, and is considered by them as the peculiar guardian of their rights. The judiciary, composed for the most part of men who have {^^^ likenesses in the country — of scholars and gentle- men — disdained to become the tools of the high- priest of democracy, and by so doing, (as I have before proved) ensured his most lofty indignation. May this branch of our government flourish ever- green, full foliaged, and immortal — for there is now no other bulwark to the constitution, and no oth- er defence against a military despotism. But His Excellency solaced himself under this disappointment, in the consenting arms of the house of representatives, and like a true philoso- phical lover, failing in wooing the mistress, accor- ding iQh\susual custom, contented himself with the favours of the slave. His overtures were received in the house withni'he most endearing encourage- ment, and in a very short space of time. His Ex- cellency was as much at home as a rake in a bag- nio. With the exception of a small majority, there was not one of the members who did not submit to the most shameless and open prostitution. DO But with the other house it was necessary to use some (ew of the aj^ts of seduction. The senate beiug for the most part composed of grave, sober church-ofoing bawds, who had some remnants of character to support, required a little more time to surrender their virtue, and made some show of resistance; bur HiS Excellency like another gal- lant gay Lothario soon triumphed over their affec- ted opposition — they could not resist his red breech- es. Having once overcome the sense of public shame they even surpassed their younger sisters in fradty, and set them an example of debauchery. In treating this subject I have endeavoured to restrain my contempt as much as possible. I am aware of the danger of treading this forbidden ground, and I know that the most insignificant in- sects when collected in a body and roused by ir- ritation are dangerous assailants. I know too that there is no animal so dull and insensible as to be incapable of rousing itself to vengeance — ^eveii the swine will start from his beloved 7nire when assailed with proper spirit. Having succeeded in overcoming the coy resis- tence of the two houses, and having fastened them (as Achilles did the body of Hector) to his chari- ot wheels, His Excellency began to drive at a pro- digious rate, in imitation of the Grecian hero. So eager vvas he in the race that he forgot his ha- bitual caution — he forgot that he was the guar- dian of his country's honour — the head of an inde- pendent nation — the trustee of the people's rights^ and the pillar of the state. He no longer remem- bered that he had Vv^on the confidence of the peo- ple by pretensions to superior sanctity of republi- canism, and virtue more incorruptible. So zea- lous was he to push us down the precipice of dis- honour, that he forgot he was liable to be dragged with us — and so anxious to become the deity of his native state, that he unguardedly became the d6 demon of the others, and like the subterranean gods, though adored in the region of tartarus, be came an object of abhorrence in the regions of light. General invective is the usual weapon of weak- ness or malignity ; I shall t|,ierefore in order to fortify my observations detail some of the most prominent effects of His Excellency's new system of government. Every body will recollect, for it is but a few years since (so rapid has been our progress from infancy to decay) when this country stood on a proud eminence. Its dawn of existence was like that of Hercules, and its maturity promised to be like his. But the poisoned garment^ was thrown over her at an early period, and her premature strength has been followed by a premature old age and second childhood. Under the guardianship of the good Washing- ton, the architect and pilot of the state, the name of an American was respectable abroad, because his < ountry was governed by men of honour, who nursed her rising glories with a parental solicitudcj and stood prepared to protect her from insult, or revenge her wrongs. As her riches increased, so did her strength — for a part of that wealth was employed in the protection of the whole. Wash- ington was a soldier as well as a statesman, and he knew that high spirit in an individual was not more necessary than in a nation, and that neither one or the other could ever be respectable with- out it. He therefore pampered that noble spirit^ which is the best defence of nations, by every means in his power : by promoting men of talents and spirit — by rewarding bravery — and, above allj by putting the country in a situation to resist an enemy; well knowing that a consciousness of strength is the best nurse of heroism in the peo~ plCo By this wise and manly policy, the natioD Si ill a little time began to look respectable, and to challenge the consideration of Europe, M^iich saw that the time was fast approaching when her friendship would be of importance, and her enmi- ty dangerous. But this wise and virtuous rulerj vvorthy to be placed on a level with any citizen of any age or nation, at length retired from public life followed by the blessings of his country. Though now al- most lost in the blaze of Mr. Jefferson's superior merits, the memory of their good father is still cherished in ^.he hearts of all that is worthy amoncr his countrymen; and notwithstanding all the at- tempts of Duane* and his pack of yelping curs, his name I trust will descend to the remotest ages with honour and renown. To General Washington succeeded Mr. Adams, who appears to peculiar disadvantage when con- trasted with his illustrious predecessor. But how- ever faulty may have been his administration in other respects, still he did not neglect the wise ex- ample of that great man, and amid all his weak- nesses, employed a part of the revenues of the State in strengthening its defences. His administration * This modest gentleman sometimes, in his cttps, boasts that he made Mr. Jefferson what he is^ and can again reduce hina to his original insignificance ! Truly it is no wonder His Excel- lency made him a Colonel. It is well that same modesty vviiich is the characteristic of his country prevented him from solicit- ing a Generalship, because every body knows His Excellency would not liave dared to refuse hrm. Truth is my witness that though I speak of this transaction with apparent levity, I think of it with the mostI)itter contempt for every one concerned in this appointment, that seems to have been made on purpose to disgrace a profession wliich was always respectable until the catchpole General and Col. Duane polluted it by their fel- lowship. With this contempt, is mingled a feeling of degrada- tion, that my duty renders it necessary so often to mention this renegado, who in better days, and under a government posses- smg a proper sense of its dignity, would have been at this mo- ment rotting in oblivion, or only remembered by those who study the records of courts of criminal jiistice, ri 5S is now OYily remembered as having paved the way for the elevation of his present Excellency, in whose " full tide of successful experiment" the memory of all past weakness and folly is swept away. This wise system of strengthening the country proved in the end the ruin of the Washington par- ty. The emissaries of Mr. Jefferson were dis- patched among the people to sow disaffection. They were made to believe that all the measures of defence adopted by that party tended to the downfal of republicanism. 1 he navy and army, instead of defending us against foreign nationss were intended to enslave our own country, and the forts erected for the preservation of the commer- cial cities, were only instruments for the purpose of overavi^ing the people. Those additional taxes which the circumstances of the times rendered ne- cessary, were cried out against as enormous im- positions; and the people, who are peculiarly sus- ceptible to all attacks on the pocket, were puffed, up with the mighty conceit of an economical gov- ernment. The democratic party at length, by the steady practice of these arts and calumnies, having ob- tained a majority. His Excellency mounted the high pinnacle of honour, and sat in the executive chair. On that day, as it was triumphantly boas- ted *' the sun of federalism set," and since that dis- astrous period we have been wandering in shadows, doubts and darkness. Our ships of war have been sold or suffered to rot — -our fortifications have been permitted to crumble into decay — the spirit of our naval officers has been smothered in gun- boats — that of the army broken by being put under the command of a man who in the opinion the world is a rank and tainted hypocrite* — and the mind of * The General sometime since vindicated his injured honour in a pamphlet of at least two and a half pages called " a plain 59 tlie nation pressed doM^n to a tame endurance of every species of degradation. Invited by onr defenceless state the natives of Europe have violated our territory — ^plundered our commerce — kidnapped our seamen— commit- ted hostilities on our vessels of war — and finally persevered in insult and injury, until even th^ mild and philosophic spirit of His Excellency is irritated to some show of resentment. But it is amusing to see how oddly a man will sometimes revenge himself when he is thoroughly in a passion. Instead of worrying his enemies to the utmost of his power the enraged philosopher in the phrenzy of vengeance most incontinently turns apon his own friends, and by a "strong mea- sure," points all his mighty energies against the bosom of his country. In the pious hope of starving his enemies he has impoverished his friends, and in attempting to ruin the merchants of England he has bankrupted those of America. His Excellency has not even tale," to which was suspended a long tail of an appendix, con- taining scraps of letters from the late secretary at war, praising his " discretion." Of his fidelity, courage, enterprise and acti- vity, the secretary is most provokingly silent. Why did not the catchpole General who is such a capital hand at altering other men's letters, insert some praises of his other great mili- tary qualifications ? General Knox could not have risen from the grave to contradict them — and at all events, the court of in- quiry might as easily have acquitted him of this as of other mat- ters. There is also inserted in this most satisfactory appendix a letter from Governor Foulck, a.-^/mnish Governor, certifying that to the best of his knowledge and belief, the General never sold himself to the Spanish government, or ever, (as far as he knows) received a pension for betraying his country I This let- ter is backed by a certificate from a most precious witness — one Thomas Powers, an acknowledged agent of Spain, which is near- ly the same as the letter. Who can resist such proofs ? Well may it be said that this is the age of scepticism, if we refuse to believe in the " honour of a soldier," who has been acquitted by a court of Inquiry which was restricted from making any inqui= ry at all, and who in virtue of the authority of General Knox is a man of the most profound " discretion 1" the consolation of the envious man in the fable, and has plucked out an eye to no purpose. The present posture of affairs in Europe, and the man- ly struggle of the brave Spaniards, is a death blow to the feeble energies of the embargo, except so far as they operate against ourselves, and by opening the Spanish main to England will render her utterly indifferent to the non-importation and embargo — the two-edged swords of the invinci- ble warrior-knight, Thomas Jefferson. What will the yeomanry of this country, who have hitherto supported the embargo from a for- lorn hope of its efficacy, say, when they come to perceive that it never was, and never could be in- tended, as I have asserted, for any other purpose but that of ruining our commerce, and of conse- quence vitally injuring the agricultural interest? It is but the idle language of a false and destruc- tive theory to argue that the farmer is indepen- dent of the merchant, or that the distresses of the one will not be felt by the other. The expe- rience of ages has demonstrated the intimate un- ion betwen agriculture and commerce, and that in proportion as one suffers the other sympathi- ses with it. There is not a single instance in the history of the world, of any great commercial nation ever recovering, or surviving the destruc- tion of her trade. In proportion as she lost her commerce, her agriculture and manufactures de- clined, and the people universally sunk into pov- erty, idleness, and contempt. But in the eye of the new philosophy, the experience of ages is nothing but a mighty volume of errors, and the ac- cumulated examples of five thousand years, vanish before the illuminated inspirations of the enlight- eued band of modern experimentalists. To any person who has impartially contempla- ted the baleful effects of His Excellency's " strong fiieasure" the truth of my position must be evidept 61 jNot only in our commercial cities are its effects observed, but, in the remotest parts of the coun- try, it is eating away the hard earned profits of the husbandman. The produce of his farm, which in happier times, found a ready and profitable sale, now lies dead on his hands, or is sacrificed at one half its value; or what is now a common and me- lancholy case, it is exposed to sale by execution^ in a place where there is no one to buy, because all have more than they want. The cry of poverty and distress begins to be heard in the rural hamlet, where it never was heard before, and instead of that gay and thriving industry which once mantled the fields of our coun- try with the rich product of labour, our acres are seen lying fallow, and our late industrious labour- ers basking in the sun. The farmer will not toil without the prospect of gain, and had rather see his fields lie 'waste, than their produce rotting in his barns. There is another circumstance in the adminis- tration of His Excellency, which I shall notice for the purpose of exhibiting one more proof of Lis hypocrisy. We have seen how he inveighed against standing armies as contrary to the geni- us of a republic, and dangerous to the liberties of the people, yet at this moment he is raising a stan- ding army of six thousand men, not for the pur- pose of defending the country, but of destroying the civil authority, and enforcing his embargo at the point of the bayonet ! This is no idle declama- tion, no reverie of a crazy politican. Look at the conduct of the navy and military of this coun- try. What have they been about of late but usur- ping the civil authority in all parts of the United States ? Is a law passed for the regulation of any district — a detachment of military is sent to en- force it with fire and sword, before any opposi- tion is intended or practised. Does an officer 69 commit an outrage on the civil power, or insult a magistrate, or break the peace—he draws his sword and swears, that law shall be no more, and that military justice shall prevail throughout the land*. In short, instead of an army of gallant soldiers to defend us against foreign dangers, we are saddled with an army of military catchpoles, let loose upon our rights and our commerce, actuated by the spirit of bumbailifs, and commanded by a catch- pole ^jeneral. And yet his Excellency has found means to per- suade the credulous people of the United States, that he is a pure unsullied Republican, a marvel- lous admirer of liberty, and the rights of the ci- tizen. Indeed the more I contemplate his Ex- cellency's character the more I am astonished at his wonderful powers of deception. As a jug- gler, I would not hesitate to place him on a level with any slight-of-hand hero the world has ever produced, not even excepting the famous Breslaw himself. That he may not, however, rely with too great security on his mountebank skill in making black appear white, I beg leave to obtrude on liim by way of caution a maxim which is of infi- nite importance to all hypocrites, and jacobin pol- iticians — '■'Chaain en particidier pent tromper 8C etre troinpt: personne na tromp}. tout le monde^ I shall finish my compliments to his Excellency, with a character which will no doubt be recognized by his most intimate friends. This character was once given in my hearing by a great and lamented genius, who is no more; a pupil and a friend of the good Washington, and one who from long and intimate experience, had become thoroughly con- versant in all the secrets of the character he de- tailed. To him might justly be applied the eulo- gium once pronounced on the great Roman orator.: for be was the American Cicero— * Vide the valiant Lieutenant or Captain Cross. Animo vidit, ingenio complexus est, Eloquentia illuminavit." Of all the enemies which either a State or an individual can possibly encounter the hypocrite is the most dangerous. Fie who behind the mask of Republican simplicity, hides an immeasurable ambition ; and covers under an appearance of philosophic moderation, the most gnawing self- ishness, is a man who if in private life is born for the ruin of domestic happiness, and if in a public station for the destruction of his country. Against open, bold and daring enemies we are on our guard, and if we cannot defeat their attempts, at least are not denied an opportunity of defence. But against the attacks of the hypocrite no caution is a sufficient defence and no courage an ade- quate shield — we know not from whence the blow- will proceed, and cannot guard against a danger which approaches unseen. With hypocrisy, cun- ning is generally in close offensive and defensive league — for wisdom disdains such an ignoble alli- ance and scorns to become the tool of a double- faced associate. From the union of these two qualities results a third, which is absolutely ne- cessary to form the character of a complete jaco- bin politician, and that is cowardice. This illustrious assemblage of splendid quali- ties, forms the principal ingredient in the charac= ter now under consideration, and to the two first of these, the gentleman is indebted for the high station he occupies in" this country. Hypocrisy enabled him to deceive the people by an appear- ance of candour, of zeal for the public good, and universal liberty ; and at the same time it prompted him to deceive General Washington, whose noble and candid spirit never conceived it possible, that such a low and dastard quality could possibly enter into the composition of a true Re- publican. b4 But it was not only necessary that this gentle- Inan should possess the confidence of the people, hut that those who stood in the way of his ambition should be dispossessed of it; and here his cinmhig came into play. By artful insinuations against the policy of the Washington party— by dark suggestions that they were preparing to enslave the country by the agency of its necessary means of defence — by supporting emissaries who ca- lumniated and reviled all those whose talents or Tirtues had elevated them into public favour — and "by every other expedient of low and malignant running he at length succeeded in raising himself on the ruin of his less designing adversaries. Having thus by exerting the two great mas- ter springs of his policy, attained the summit of power, he soon had occasion to discover the dan- gers of his situation, and that nothing but the most vigorous policy or the most powerful protection could preserve the independence of the country. Vigour he had none, except in the prosecution of intrigues, and the busy din of arms sounded on his ear like the knell of death. Even " a speck of war in the political horizon" seemed to his coward perception like a thunder cloud ready to burst upon his head. Preferring a pitiful dependance on a foreign power to a manly assertion of his country's honour, he quietly enlisted himself un- der the banners of France, became a citizen of that country, and to the eternal prostitution of his fame, accepted a station among the prostitute followers and toad-eaters of a tyrant and usurper Here he will remain, I fear, until by his dark, hypocritical, cunning and cowardly policy, he has ruined the good name of his country, degraded her into the ridicule of the world — and rendered her a mark for the finger of scorn. Thus have I endeavoured to develop the ma= chiavelian character and policy of His Excellency. 65 The task was difficult, for it is only at rare inter- vals that the hypocrite intrudes into the light of day and dares to encounter the sun- beam, which like the spear of Iihuriel discloses the disguised fiend, and makes him start at his own deformity. The dark and secret course of the Virginia policy, is held beyond the reach of common eyes, and though we are alarmed with one indistinct appre- hension of danger, like that which precedes the thunder storm, the power which is secretly under- mining the character and prosperity of the country is impervious to our sight. It is not the roaring lion seeking whom he may devour, but the gaunt and crafty tyger, sneaking undercover of night towards his destined prey. Under an appearance of republican simplicity and disinterested patriotism it conceals an ambition that grasps at the subjec- tion of the Union ; and under a pretended lov^e of peace, shelters a da,rk conspiracy against the char- acter and welfare of the iVmerican name — -mcu^s gravior sub pace est. His Excellency being satisfied v^ith public hon- ourSjOr perhaps perceiving that having brought the State to the verge of ruin, it was hightim,e to get out of the way, before it tumbled to pieces, took occa- sion last winter to declare his resolution to resign his prodigious honours. Three candidates have appeared to claim the succession to this precious inheritance, and it may be no idle inf^uiry to en- ter into a short examination of their characters and pretensions. In perfol"ming this task I disclaim all prejudice or partiality whatever. Between the venerable Clinton and the gentle Madison, I make no distinction, except what is challenged by supe- rior merit ; and were I inclined to give any title to this portion of my labours, I would call it a phi- losophical inquiry concerning a choice of evils. Having thus, as 1 trust, cleared myself from all suspicion of party views, or undue political bias, I 66 1 will now proceed with my undertakiDg. Per- haps I ought in imitation of certain great patriot- ic scribblers, to appeal to the good sefise oi' the sov- ereigiipeople, to judge of the question ; and I would most certainly follow the fashion, were it not that I had previously determined to make my appeal to the high and mighty sovereign, King Log, who I consider by far the most sensible potentate. To begin with Mr. Madison, who ought to have the precedence, first — because he is a Virginian Lord — secondly because he was once a federalist — and though like Lucifer he has lost his station a- mong the sons of light, stdl he is entitled to some consideration on account of the rank he once sustained — and thirdly because he is merely the representative of his lady, and I am on all occa- sions most devout in my allegiance to the fair. This last consideration will influence me in my strictures on his character, which I shall treat with all the delicacy due to the feelings of a tender mo- dest and retiring matron. The choicest language shall be selected, the chastest colours blended to= gether in the likeness^ and if unfortunately it should happen that a scrupulous regard for jus- tice obliges me to bring His Honour to the block, his execution shall not be performed by a common hangman. In examining the conduct of His Honoiw I promise not to visit him too roughly ; but like the youthful grimalkin, play with my velvet captive for a while, and then good naturedly suffer him to es- cape to his hole again. Aquila non mangia mosche ' — the eagle does not feed on flies — but yet will sometimes turn aside from the pursuit of nobler game, to frighten an insect by way of relaxation. Indeed in so little estimation do I hold the talentsof HisHonour, with the exception of that talent for in- trigue which he has doubtless acquired in the cap- ital school of His Excellency, that had he not ven- 67 tured to aspire to the presidency, I know not whether I shoidd have recollected his existence. I remember once to have heard, but did not believe^ that he wrote some of the numbers in that great constitutional work the Federalist. His name ap- pears also subscribed to the constitution of the Uni- ted States, a circumstance which His Honour ap- pears to have forgotten in the late crusade against the rights which were intended to be secured to the people by that instrument. But though neither entitled by talents or servi- ces to much consideration yet, His Honour by pre- tending to the first office in the gift of the people- has all of a sudden became an object of great polit- ical importance. Like his stanch advocate and friend, Colonel Duane, the misfortunes of the State have elevated him to a station which neither his abilities or services would ever have gained. I will therefore endeavour to draw his likeness, as far as it is possible to exhibit the faint and almost imperceptible outlines of a character without a sin- gle feature bold or strong enough to fix the atten- tion of the artist. Such as it is however, it is pro- per the people should understand it, before they decide, whether or not, in the present situation of the country, as respects her foreign relations, such a man is fit to be intrusted with the guardianship of their independence. When speaking of an in- dependent nation^ I mean a nation which not only enacts its own laws, but stands erect, and pursues its measures without anya^egard to the will of any foreign potentate whatever ; for of all tyrannies, that exercised by a/(?rd'z^wzVz/?z/