~~ NOTE* On the impeachability of a Senator of the United States-. BY a reference to a few clauses- ih the Constitution of the United States, and to a few principles of reai'on andjuftice, I think a corrcdt dccifion may he made of the ques tion whether a Senator of the United States he liable to impeachment for any crime or °fi fence. Two propositions will be dated, either of which if maintained, will support the af firmative of this question. ift. Under the constitution of the United States any and every citizen is impeachable for an offence endangering the peace and fafety of the nation. id. Suppofmg that every citizen is not impeachable, yet a Senator being an officer under the authority of the Constitution of the United States, entrusted with I-egifla tive, Executive and Judicial power, is im peachable for certain offences. It is provided and declared by the Consti tution that ''the House of Representatives £ <.ll choofc their Speaker and other officers, and (hall have the sole power of impeach ment." Article ift, Section 2d,claufe sth. And that " the Senate (hall have the sole power to trydlimpeachments." Article ift, Sedtion 3d, cLiufe 6th. And that " judg ment in cases of impeachment shall not ex tend further than removal from office, and difqualification to hold and enjoy any office of honor, trust or profit under the United States ; but the party convicted shall never theless be liable and fubjedt to indictment, trial, judgment, ( aud punishment, according to Jaw." Article ift, Section 3d, clause 7th. 1 hefe, it is aflerted, are the only clauses to be found in that instrument which tend to explain and ascertain who is or is not im peachable : and this being the cafe, it is con tended that their operation is alike upon all titi«ens, and that no conftrudtion can rea sonably be made that excepts a Senator from the general rule. For she truth of the assertion, whoever doubts is referred to aperufal of the consti tution, and whoever objedts is challenged to produce any other clause that describes the objedts of impeachment. These clauses, it is obfenrable, arc in terms indefinite : the House of Representatives have the sole power of impeachment, with out describing who are impeachable, or ex cepting any. The Senate have the sole power to try all impeachments, without describing who are impeachable, or excepting any. Judgment in cases of impeachment shall not extend further than to removal from of fice, and difqualification to hold office in fu > ture; without describing any cases, or ex cepting any ; and the party convi died (hall be also liable to trial by indidtnient and punishment at law, without any party, or except! ng any person. In the Conftrudtion of this last clause it cannot reasonably be said that an irapeaA • ment may only be prosecuted against a per son aftually i n office ; for if this wtre the cafe the tenure of mod offices being limited • either by a fixed space of time, or the will of the Preßdent, the proe^faof- impeachment ~ might be defeated by the expiration of the official tenn, or by resignation of the party, or by the Presidential dismission. It is there fore admitted on all fides that a p°rfon out of office maybe impeached, though the only punishment to be inflidted, in cafe of con '• viftion, be a difqualification in future to told any office of honor, trust or profit. If the judgment of future difqualification may be pronounced against a person out of pffice, it may be as fitly pronounced against a person who never was in office as against one who had been, but was no longer in office. There fore 1)0 inference is to be drawn that this B*aufe has limited the indefinite expressions in the other parts of the constitution. 11l every well constituted republic there exists a power of difqualification to hold of fice, and it is a di state of found reason that the citizens capable of being eledted into of fice, should be alike capable of being difqual- ' ined to hold office, after Conviftion for crim inal conduct,. But the power of awarding ' a sentence of difqualification being of a na ture very liable to be abused, ought not to : be vested in the ordinary tribunals, but should 1 he trusted m one tribunal composed of men 1 Mmguifhed for their knowledge, honor, c and virtue. It is obvious if such a power ' was placed m various ordinary tribunals, the best men m.ght be exposed to an unfair trial 1 in some part of the country or other, and fall i n FrcjudlCf - Wherefore in the se veral state governments as well as in the go- i vera ment of the United State,, a tribunal is t provided of em.nent charafters to whom a- S fined 1 P ° WtT ° f dif l ua,ification is con- P The citizens of the United States have e- 11 qual civil rights; and are alike punishable t tor offences. They who claim exclusive pri- ei vileges of any fort or particular exemptions v from this rule, are bound to shew their title g to such privileges or exemptions, by une- ii quivocal and explicit expressions in the con- a ttitution or their claim should be rejedted. It n is averred that none such are to be found a there, and this will make it now necefTaryto a another clause in the conftitutiitn, ii which it 13 alledged exempts and protedts a 1 Senator from impeachment. The clause is g in these words : " The President, Vice-Pre- h fident and ill civil officers of the United si States shall be remtved from office on imp: peach ment for and convidtion of treason, fc bribery, or other high crimes and mifdeniean- fe ors "' Article Sedtion 4th. fe "v hen it is laid that this clause has limited and dehned the meaning of other indefinite w paus of the constitution relative to impeach- th »pent, and by necessary implication has de- to cri.ied who an- liable to impeachment, it is answered that."this clause has only defignat- fp anc. eflibliflied the punishment to be in- an filled on the President, Vice-President and ha C" U officers who are actually in office at the tn time- of namely, a removal from office. In such cases it is not left to the oilcretion of the Senate, whctiier a judcr jpent 0. removal from offite may or mav not " be rendered, but it is imperatively and abso lutely required. Becauf; this si ction orders the punishment of removal from office to be inflidted in the he cases therein d scribed, it is not therefore to a be interpreted to restrain the Senate from ik inflicting tlie further punishment of future ■f- difqualification in these cases, in addition to es removal from office. With still less reason can it be construed to apply to persons out of office at the time of conviction, and to pro of tedt such offenders from the judgment of future disqualification. Consequently it does not contain any necefTary implication that only those persons, and none else, are liable ' e to impeachment, who, if convidted, are liable to the punishment therein fixed. On the contrary, to admit such aconftrudtion of this ot clause, would almost entirely prostrate the er process of impeachment. The plaih and on of ly operation of this clause is to define and a " establish the punishment of removal from of- a ~ sice in certain cases, and not to limit and de scribe the objedts ot impeachment. If then no part of the constitution can be cs produced which excepts any citizen o {feud s' ing against the state from impeachment; and ™- if a private citizen is upon principles of found »• reason, policy and justice, liable to impeach e ment, surely the addition of official power is ' not to furnifh an exemptiou from such pro s~ cess ; on the contrary such official power ex hibits the offender as a more proper object of impeachment even for an offence not com -c mitted in the official chandler. d Ibe House of Reprefentativej is the grand r inqueftof the nation to which every citizen is fubjedt, and it belongs to them to accuse 'g whomfoeverthey fliall deem fit objefts to be prosecuted by impeachment, whether they ■ s be private citizens or vested with public ■° trnft. There may be a private citizen offen- I ding against the nation in such a manner and of such consequence, as to make him equally ft fit to be di{qualified from holding office, as any civil officer whatever. t 171 Nothing that has been said is meant to apply that a Senator is not a civil officer in ; r the eye of this fedtion, and liable to the pu -- nifliment of removal from office in cafe of 0 convidtion, but in another state of the argu ie ment this is reserved to be shewn. I shall, however, before I proceed to the second pro 's pofttion, make a short reference to the re 's ceived law of England touching impeachment 1- and to the constitutions of some of the states. At the fame time it must be observed that these fourcesare not fuppofedto furnifh any II conclusive arguments but only such as illuf- i e trate and confine the preceding observations. i U To the Author of Tit for Tat. j HOWEVER painful it may be, " at this ! enlightened period," to hear gentlemen of J respectability and integrity compare Banks ! [1 Insurance Companies operating in large citiesrfo grocery (hops in villages, and attempt ■ to prove.that because « Rival shops make ' goods cheap," therefore the rate of premiums, both on money and on infarance, may and . ought to be reduced, by multiplying ad in _ finitum both Banks and Insurance Compa e nies ; yet this must be patiently fuffered. 1 To turn these gentlemen to their ABC in j calculation, these axioms are inserted ; viz. t_ in a Bank, altho' gg per ce»t premium will e not secure tlhe payment of any single note discounted, yet one per cent, on each of one . hundred netes would in the end secure the payment of all, and altho' gg per cent will f not c ov er a single policy, yet in times of . P" cent only on each will secure , " ne thousand averaged risks ; this last axiom i P forms the basis both for the London and the j American Insurance Companies, and isproved b y a n universal experience of more than one : J hundred years. While thert was but one ' , Insurance Company in this city, there was a good chance of obtaining a-tho'ufand risks at . a time, but when two were established con , trary to the opinion of all experienced men, the chances being less in number, called for j an higher rate of premium to fecitre each ; ' therefore I have no doubt that the lfate will hereafter be opposed to the renewal of an Incorporation for more then one, since • one Insurance Company and but one Bank | would be of more fervicc to the community than two of either. As those gentlemen who have time to ex amine the parliamentary debates at the times j when attempts have been made to increase . the number of Insurance Companies in Lon- ( don, will find more fatisfadtion than the t present time will permit me to offer, I may' t be excused if I defer this fubjedt for a future t ldfure moment. • PERSEVERO. c THE COMMISSIONERS, I Appointed by the Governor, to Carry a into effedt the law for alleviating the dif- tress of the citizens of Philadelphia, and f Suburbs thereof, in consequence of the prevalence of the Epidemic Fever in the h year 1797 ; addrefTed their fellow citizens in November of that year, informing how t they had appropriated the money hand- f C t , em 0r amounting to up- v wards of 27,000 dollars, exclusive of the i] grant of the Legislature, when in the enfu- P ing inclement feafon„theref wasdiftributed te P about i SOO person, chiefly heads of families, P most of whom when visited in their habitatx- tl jnrl C ° ° f W °° d 5 00 barrels of flour,' t' in the be U ft 25 °° bu{hds » otatoes - « believe q m the best manner that could be de#ed.— S ;J ,t t VV dditional sum °f 400 dollars, bef O e /r m a, A{r " C^ion ' we g fuZ f not]c '< reduced our b, part of last IT ' f " m ' Whkh in W part of last summer, was invested in wood ri or the relief of those who might yet be fuf- oi fenng under the multiplied difficulties in con n« [ sequence ef the suspension of bnfinefs. cc Ihe wood being now disposed of, we may ti with propriety diflolve our board, hoping at through the interposition of Providence, not tli to have new occasion to adt in that capacity, hi vVc refpeftfyiy offer aur minutes for in- ze fpedtion to those who maybe desirous of ex- fa amining tliem, relying on our'beft endeavors is. having been used for mitigating the dif- fe trefies of humanity. j n Signed in behaff of the Commissioners. al ROBERT WHARTON, Chairman, de Attest, e . EDWARD GARRIGUES, SecVy. fh b- LETTER From the Secret art of toe Navt, lit J hg To the Chairman of the Committee on the t0 Naval Establishment, id With sundry F.fliniates relative to the ex re pence of butting and equipping certain t0 VESSELS OF IVA R, >n FOR THK - sti!VICl; of the united 0 f STATES. 0 * . 0 f Navy Department, 29th Dec. 1798. „ lv t es T I 1 nave given to the enquiries you have j c done me the honor, as Chairman of aCo 111- j e mittee of the Houie of Reprefcntatives, to niake of nie, all the consideration my desire ; s to cu 'lip!y promptly with the wiflies of the le Committee would permit; and now proceed, with great diffidence to submit the result. id ' ' 3C P r °te£tion of our coast, the security j.'_ °®r extenlive country from invasion in some of its weaker parts, the fafety of our important commerce, and our future peace, >e w ! )en 'ha maritime nations of Euro[je war with each other, all seem to demand that our l( j naval force should be augmented—so much j augmented, indeed, as to make the most powerful nation desire our friendlhip, the is n !° ft un p rinc 'pled refpeft our neutrality, j. he peaceful ch-irafter of America will afford to t'ue world lufficient security, thatwelhall not be ealily provoked to carry war into the country of an enemy f and it well becorfies the wisdom of America to provide a cheap j defence to keep it froty our own. • s I welve Ihips of 74 guns, as many frigates, - e twenty or thirty smaller vell'els would probably be found (our geographical fituati- on and our means of annoying the trade of c powers confidcred) a force fuf- ficient to insure our future peace with the j nations of Europe. It would not, perhaps, be hazarding too much to fay, that had we " s poffefled this force a few years ago, we (liquid not have loft, by depredations on our trat < four times the Cum necessary to have createc. and maintained it, d.urihg the whole time the war had existed in Europe. If we do not f profit by experience, and put ourselves in a lituation to resent insult, and punifli aggref -1 (ion, nothing is more likely, than that in less ' than halt a dozen years, another occ?lion may be prefent»*d for a repetition of the fame ~ | mortifying observation. In another and still more interesting view of this fubjeft, mutual t lafety was a leading motive, and mult ever remain a ftrong cement of our union. Whe . | ther this l'eciuity can be afforded, unless we . are able to command our own coast; and whe | ther the union of all the states can long be i preserved without it, are questions which s merit the most serious axd attentive conlider f i ation of American legislators. I forbear > ,to dwell on this fruitful, perhaps delicate - topic. • ' j However to attend to our more prefling - concerns. We cannot feel entirely secure . j that we are not to be exposed to great cala mities from the ambition or animosity of trance, until a considerable addition be made ■, to our naval force. I£ twelve ships of 74 • guns are add 4! to our navy, an invasion of 1 any part or our country would be rendered so • difficult, that it Would scarcely be attempted ;■ ' for it is not poflible to conceive that France - could promise herfelf any advantage by an in - vafion ot this country, equal to the enormous - risk, if we should be so prepared to resist her. J She would be obliged to employ more than double the number of Ihips of eqwl force, to ■; convoy her armies, provisions and ftorfs>and 1 j to keep the communication open between her • armies aiid'her own country, France can calculate and will calculate, the loss and proba bly gain ot her enterprize.s. .When she finds ; that she cannot deceive us ; that ihe cannot 1 j arm our citizens to carry on her work of subjugation—insolent and unfounded expec tation ; that we are detemiiued on manly re i filtance; and that we take vigorous inealures ; to put ourlelvee in a proper posture of de , fence. Even France, with all her pride, and [ all her hero!l'm, will consult her iiuereft and avoid war with America; and like ather na- ' tions, she will discover, that it will not only 1 be just, but politic, to indulge us in" our fa vourite wilh, of preserving peace with ail the' world. Thus, then, in whatever view the lubjedt 1 is conlidered ; whether our object be to pre- I vent invasion, to protect our commerce, to ' obtain a l'peedy and a proper peace, to main- 1 tain peace heieafter, or by affording security ' to every part of our country, to guard againl.t ' the long train of ills which must result from I disunion ; the wil'eft, cheageft, anel most ' peaceable means of obtaining the end we ' aim at, will be prompt and vigorous meal'ures a for the creation of a navy, fufficient for de- a fence, but not for conqueli. c The United States are doubtless able to bear any expence necessary for their present t fafety and their future tranquility. N 5 coun- fl try increases so faft in population and re- a source's, and no country can incur a debt, 0 with such an absolute certainty of difchqrg- t ing it, without,laying ne'w burthens on the a people. Our revenue ariiing from the im- a post and otherfources, must increase in pro- fl portion to'the increase of population, and as the increase of the latter-is certain, no coun- n try ever had less to fear, from the confe- n quences of i ncui riug any debt, necessary for b defence and fafety. t I On the fubjeft of procuring flilps of 74 f guns, we probably have it in our option to f< buy them or to build them. The former r will be the most expeditious mode of procu- d ring them but the latter, if the pressure of t! our affairs, will admit, will be the most bo- si norable, and the most advantageous for our a country. If we buy them from a foreign 11a- n tion, it is not to be expefted that we shall be ti able to obtain those of the belt quality ; and the sum given for them will not be kept at o home, and distributed among our own citi- ai zens, but will operate against us, like an un- ii favorable balance of trade. My own idea ii is, that we certainly ought to build the vef- r fels, in preference tb purchaling them ; that 11 immediate measure Ihould be taken to secure tl all the necessary timber ; but that the Prefi- o dent should be authoiifed to obtain,, as the u exigency of our affairs may require, twelve n (hips of 74 guns, by purchase or otherwise. ii jfit should be found necessary 'j procure them sooner than they can be built, jlie tim ber may be preserved, by ducking, until ' e those purchased decay, or for acentfiiy, if it should not be (boiler wanted. The estimates herewith will shew the ex pence of building and twelve (hips 74 g*nn?, and fix brigs or (chooners, to mount, not exceeding eigmeeti guns. The latter would be highly uleful in ilourgvng the Weft Indies, and we have not a fufficient proportion-os vessels of this iiae. Three of e the hfgeß of the 14 gun (hips might be con verted into frigates of 32 guns. The whole annua', e.-q-pice of rraimaining the naw e would then be, 5,383,540 6 The annual expence of the v ; e existing is ' ') ' f Thedifference would be the" ! annual expence of the propo r fed addition, 2,949,278 96 3 In times of peace, a filial! proportion of r this Aim would be fufficient to keep the ships r in a flute of preservation. 1 Every material article for the building and t equipment of (hips of war, copper. executed, : and probably copper also, mly be procured, • the growth or manufacture of our own count ' try. It is true, that we have heretofore used I 1 cordage made of hemp of foreign growth. : and imported canvas, and thefv articles con i ftitute, if wear and tear be included, one- | > tliird of the expence of building, equipping, ! and refitting our ytffcls of war. But manu- I > faftories of canvas have been heretofore ef- j I tablifhed in the F.aftern States, and with , - proper public encouragemens, maybe revived | t and made to supply at lea if the public de mand ; and it is moll certain that any quffli : titv of hemp can be railed on the Ohio and J > MifTillippi, the Sufquehannah, the Potomac, j : James River, and other parts of the United i I States, if the growers of it are assured of a ready market, and at a price less than that given for imported hemp ; though if the prices of cordage and canvas, the entire j growth and manufacture of the countrv, (hould be found at firfl a little dearer than the imported, the good policy of" paying the ; difference to our own citizens, to render eur felves independent of foreign countries for articles so essential to our defence, cannot 'for a momeDt be doubted. Timber can at present be had in almofl every part of the United States, but in the greatest abundance, and of the best quality, on the Chefapeak Bay, and that waters whick empty into it—and in the Southern dates. The live oak of Georgia, is thought to be almost indispensable in the csnftruft ian of our largest ships, to be used in tbofe parts most fubjeft to decay, but the white oak efthe ChefepeAk 13 interior It is however, highly desirable, to use the live oak of Georgia as long a 9 it can be ob tained, more especially in the ships built east- j ward of the Chefepeak—and by a proper j mixture of this timber with that of the growth of the country, good reffela may be ! built in every part of our country. The island on the coast of Georgia, on which the live oak is found, are supposed to be more healthy than the main land near the coast—they are alfu thought to be very rm-'! portant for the produ&ion of cotton hence this valuable timber is becoming scarce eve- ! ry where, convenient to water tranfpatation j Two methods suggest themfelvei for obtain ing supplies, beyond the immediate demand. To buy one or two of che most valuable i{lands and cause the timber to be preserved for the future uses of the navy, or to pur chase the timber as the islands are cleared by the owner* and have it transported to the ' places fixed on for building our ships, and docked until it be wanted. With refpedt to a purchase, the lands are held at prices greatly beyond, what was the supposed value of them, a few years aoo ; and it is believed they have become less valuable for public rurpofes in consequence of the efforts which have been made, and are daily making to 1 clear them for cultivation. , On the fubje't of other kinds of timber, 1 poflibly when it is fcen by the citizens, that j it is worth preserving, it may be fufficient to I trull in a great degree to their attention to private interelf, for the prefervatfo» of a 1 quantity equal to the public demand It would however, be but provident to expnid 1 one hundred thousand dolhrs, in a way (o ' secure enough of the white 0.,k and yellow < pine, both of which are indispensable in the c conftrudtion of good vessel., to lalt the pub-. ; lie,' in aid of supplies from individual, for ages—100,000 dollars could be so laid out ; i and I believe the expenditure would-be ju' f dicious. j. No extraoi dinary meens are necessary to r be used for procuring naval and military (tores, except the article of hemp, canvas and copper. Cannon can fee made in jnany of the dates equal to any that could be ob taincd from foreign countries, also muskets and bayonets, piftolrf, swords, boarding pikes and indeed every other article necessary for C ships of war. Although copper mines are found in ma ny parts of country, yet the most certain t means of procuring present supplies will be by importation. The ejiterprifing spirit of the merchants,hashertoforefurnifhed enough for the public demand, and may be trusted for future supplies, so far as may be necessa ry for the ftips now contemplated to be ad ded to qur navy. It is lo be' prefumtd, v that before more ships are wanted, and pof n fibly before any that may now be authoiifed 1 t! are in a Hate to require the copper, means may be devised for obtaining it in the Uni ted States. Docks will be highly neetffary in repairing our ships, to aYoid the tedious, expensive, and sometimes dangerous operation of heav ing down. They can undoubtedly be made in the eastern states, where the tides rife ve ry confidently:-probably in New-Hatnp- J (hire.Massachusetts, or Rhode-Island. Whe- j ther they can be made with equal advantage 01 or to answer valuable purposes, to the South A uard of Rhode Island or New-York, I can- a! Hot form any accurate judgment, from any c: infoimation I poffrfs though ic would 1 re j iT.quediunabU be agi.-at pu''!ic.j,.sva:.f n- Ito have a dock, near th- entra c iit ■ ti! Clieleprak Bay, and another lli.J' - i".»fVr it fotrli, if cireuinilanccs y. ill aJm'L. D i. ; Cor firpajrijjg. fiiips ought to be cui v- ■ < to the fca, and yrt not eaiily acetyl j |w any enemy. Yards for building the ,&•}•.» to where large quantities of water a|s v.naj le be depofitcd (the dtflru&ion . of check i? flopped. Whoever will deliver it to the fuSfcr'b. r» at the corner of Market «i,d: ixt 1 ilrect, (hall re ceive the five Dollars in rewari.. BOND & BROOKES, jan. Il f j