fnom "The 3tncl)or club- To John Tatloh, of Virginia, Author of an Insolent and Seditious address to the Peoplei WHEN in the selection of Gallic Agehts for a further developementof " Diplomatic Skill" you were found amongst tie chosen few who couldforgettheir country and become the base hirelings of a desperate and a perjured villain, the choice was acknowledged to be worthy the cunning of Talleyrand by all those who are acquainted with the rancorous hatred, which you have ever borne to the federal government, to federal measures and to federal men : yourperfeverance in endea vors to effeft the deftruftion of these, so Ions: as your weak and irritable frame may be upheld by your flill more feeble though violently jacobinical and malevolent spirit, is doubted by no one. You commence your desperate elTay by tellrtijj us that you are " unwilling to flirink" &c. Pray, fir, let me ask if ever you heard of a roward from choice. You fay that you " disdain to alarm the people with unfound ed jealousies," See. And why " disdain" good citizen demagogue ? Could you'find no word in your vocabulary more refpe&ful or more palatable, in immediate connettion with information to the people ? Beware, iir, or you will be found out——You were rather more collected when you Reclaimed so violently igainft " insinuations of foreign infltienet"; this is throwing duftinour eyes with a vengeance, You are also on duty when you fay that " to prevent feditioh is to inflict a death wound on (late sovereignty." The aflertion is excellent, and novel. Pray hew did you remember to forget to offer your proof with your dogma ? Was it on a fup pcfitisn that we the people are to swallow every thitig on the bare a'lTertion of a leading demagogue ? You go on and fay '"it is vicious in the extreme to calumniate meritorious public fervints." Heavens ! this from a jacotjin ! But let us fee what follows in tonnec tion—" but it is more vicious rouse the public indignation against calumny, Stc." —Zounds what a falling off! But what can I fay in justice to your talents at eompari fon ? Or how can I do justice to your ideas of what is or what may not be vtcious?— I have no jacobinical dictionary by me, and therefore shall proceed. You next objett to any diftin&ion between liberty and licen tiouinefs : thus, and by Mfing attached to the former, you become an advocate for both: here again you are confident with your whole felf—This is indeed as strong a charafteriftic of citizen John Taylor as I myfelf could have drawn. But how dare you, Sir, to mock the throne of Grace by your canting on the fubjeit of religion, of which neither you nor indeed any one of the leaders of your party either in France or ins America poflefs the smallest spark ? What do you know of fifcal arrangements, with a disposition too idle and too difolute ever to have formed a rational calculation on this, or in truth on any other fubjeft ? What do you mean by the following ; " Let us not forget the danger from without although danger threatens lis from within— let us rise and repel the attack, See." The whole of this diabolical sentence is worthy the malicious grin and studied obfeurity of the Coward, —who, looking big with caution mutters in low accents and in disjointed words, I—fhall—find—a—time—damme ! It is yet more cowardly; for you tell us, that is to fay, we the people, that al though you are " unwilling to shrink from refponfibihty"—yet while " you acknowl edge the right of the people to supervise your conduct," &c. you of pourfe expedt that we will come to a decision " bottomed on frmness." If we do decide at all on "your conduct," I hope it will be not by rising against the government of our choice, but by trying the " frmness" of your " bottom" till you become instinctively acquainted with every species rf {hoe leather, and till you are enabled to diftinguilh each kind by the touch only ; —fuch are your deserts, and such ftiould be your reward. We know you, John Taylor; and we know all the correipcnding affociatcs among the leai i the leaders of your party ; they are all a? I cowardly as they are profligate and abandon jed ; —and however they or you, may hope j to dupe the good people of the United States ! you will find that w f. are .lot such blind fools as you have pretended to make us, when you talk of " taking advantage of the public blindness " which (you fey) is allowed to be ingenuous." Let me put on my fpeftacles Ito be sure that lam right. Yes—it is so ; | thusyou have publicly acknowledged that you really believe that we the people are blind, and that it is fair to take an advantage of our blindness—all this has been said an hundred thousand times in private amongdemagogues, but it remained for you publicly to avow this hitherto secret article of jacobin fait bin the face of the whole world, but was this the effedt of candor or of accident ? I fear it was the latter, for at your outset you invit ed us to " supervise your conduit if how ever, you prefer the supervision of the blind " cbosing darkness rather than light because your deeds are evil" and have really counted on fafetyfrom ourinability to scan or fathom your designs, it is but fair to fay you have deceived yourfelf only. Neither your "false alarm" nor your af fatted religious invocation at the close of that farrago of impudence (hall occasion your real views to pass unseen ; and although from being beneath the notice of govern ment you may perhaps efcapo the Sedition Law ; I cannot promise you the fame suc cess with those whom you have so sedulously attempted to alarm and to abuse : as an indi vidual, I freely confefs that if I am not en raged at your base »nd abominable conduft, it is only because you have my pity and my f«n;empt. IV. Canal Lottery, No. 11. COMMENCED drawing the 7th in/Unt— There are only about 7000 tickets to draw and the Wheel upwards of 30,00 c dollars richer than at the beginning.—Tickets, Mine Dollars each, to be had at Wm. BLACKBURN's Lot tery and Brokers Office, No. 64, South Second Street, — Where Check Books are kept for re gistering and examination in this, the City of Walhington Lotteries, &e. Stc. Tickets, from the state of the Wheel and the few that are now for sale, will rife in future after every days drawing ; and that the public in general may have an opportunity of becoming purchas ers, the drawing is poltponed till Saturday, the iftth inft, when it will continue until Bnifhed. jar.. 19. law A'ete—The business of a Broker duly actend td to, in all its branches SHERIFF'S SALES. BY virtue of a writ of Venditioni Exponas, to me dire&ed, will be exposed to sale, at Pub lic Vendue, on Saturday the ad of February next, between the hour 6of it and 5 o'clock in (heaf ternoon, of said day, at the houfeof Casper Far ner Inkeeper, inJßordentown, and County of Bur lington, those large and Commodious, Buildings and Lot now ecupied as an AeaJemy j this Build ing is ajfo contrived that it may readily be divided into thr«e diftindt and large Dwelling Hcufes; Al so for sale in said Town another Lot of ground confiding of about ten acres including an orchard, garden and dwelling house ; a range of Stone building ere&ed for a Queens ware Potter, a ft ore house, wharf &e. Stc. Seized as the property of Burgifs Athlon and taken in execution at the suit of James Finnimore and others and to be fold by JOHN ELTON, late fheriff of the county of Burlington. Burlington, jan. 18th, 1799. (»») eodjt TO THE PUBLIC. AS divers reports have been circulated prejudN cial to my character, particularly relative to my medical abilities, I beg leave to inform those who dispute my capacity in the art of medicine, that 1 am .willing at any time in the presence of re fpeflable persons to produce my credentials, from good authority in f\»port of my medical capacity; certifying when and where 1 palled a regular ex amination before a board of the king's physicians and furgcons—figned by his Britannic majesty's governor, at the Caftleof Saint Lewis, in Quebec. J. KINL4ID. _j ,n *5- 53t NOTICE. THE co partnerlhip of JOHN GREEN & Co. is this day diiTolved by mutual consent. All«pcrfons indebted to the said Firm are requeued to make immediate payment, and those having any demand* to present them for settlement to any one of the Subieribers—each being duly authorized to adjust the fame. JOHN GREEN. EDMUND DARCH.' SAMUEL DARCH. N. B.—They have the remainder of their stock of Goods—confiding of Ironmongery, Hardware, &c. At No. 16, North Second Street, which they are felling on very low terms to close the business. Jan. 18 tawjw SAMUEL PARKER, BRASS and BELL FOUNDER, No. 137, MvLBEHRr-SrREEV. CONTINUES to Carry on the Brafs-foundery Business as usual, where his former customers and the public may be supplied with castings for machines to any pattern, rudder braces, bolts, &c. for (hips. It may be proper to add, that, as it has been re ported he had declined the bafinefs, S. P. takes this means of informing the public that he is making arrangements to carry it on still more extensively, hoping thereby to comply promptly with such or ders as he may have to execute. Bells, of any size, cast for churches and other institutions; printers rules, &c. j"- »3 eo3t Printing Work, Of Every Kind, EXECUTED AT THE SHORTEST NOTICE, At the Office of the Gazette of the United States, oa. 13. %\)t tiSajette. PHILADELPHIA m MONDAY EVENING, JANUARY 18. *■ «kbm——- N O T E S, On the iMPEAcgARiLirr of a Senator of the United States.—(Continued) 2dly. But supposing that a private citi zen is not impeachable fer any offence what soever, yet a Senator of the United States, being intrusted with Legislative and Extcu five and Judicial power is impeachable for certain offences. This proportion is so felf evident as to put fcepticifni at defiance, if it be admitted that a Senator is an officer of honor or trust under the authority of the con stitution of the United States. But this is disputed by some, who contend that a Sena.- tor of the United States is not an officer of honor or trust under that constitution, and therefore is not liable to impeachment, I (hall consider a Senator of the United States in his three various capacities, as le gislator, as veiled with a {hare of Executive power and as judge. 1 ft. As Legislator, a Senator of the Unit ed States is averted to be a civil officer of the United States. The word office is of a raoft general and comprehensive import, and in relation to pub lic concerns means a public trust ; whoever is charged with such a trust is an officer.* Among writers upon politics it is univer sally agreed that legillation is the highest aft of power in society andconfequently the of fice of a legillator must be the highest office. Indeed, to ascertain where the supreme pow er of a state is placed, is the fame thing as to ascertain where the power of legislation is placed. AH must obey tlie law, whether in public or private stations, from the highest officer to the moil humble citizen. If the legislative power be placed in a body composed of a number of individual persons, that body is the legislator, and not any in dividual alone ; yet every individual member having a portion of the power vested in the bo dy,fills anoffice ofvery high trust and honor. The legislative powers granted by the con stitution, are v#fted in Congress, which con sists of a Senate and a House of Reprrfen tatives. From and under the constitution a Senator derives his political being. The peo ple of America who formed it, established the mode of elefting the branch of the na tional legislature called the Senate, by direct ing two Senators to be chosen by the legisla ture of each state ; but although a Senator is chosen by a state legislature, be it not the of ficer of that state which elefted him but of the United States. For the people of the United States he is to legislate, and he is bound to consider every measure in a com prehensive view, regarding all parts of the nation. Hence it apjkars that a member of Congress, whether in the Senate or House of Representatives, being to perform the impor tant duties of a legislator over the United States, is in this capacity vested with an of fice of honor and trust under the conftitption of the United States and is to be considered is their officer. Wherefore then ftiould he not be impeachable ? Suppose a member of Congress corruptly engaged by a foreign state to support and vote for measures advantageous to it, though ruinous to his own country : or fuppole him bribed by an individual to vote for a private claim of money : ought not such an abuse of trust and violation of in tegrity to be punished by a future difqualifi cation to hold a place or office of any kind under the government ; and ought not the councils to be immediately purified by his in stant removal. If he ought, and if the con stitution may by any fair construction reach such a corrupt legislator, by process of im peachment, surely such conftruftion should be admitted. NotWftg but the most plain and unequivocal expressions should privilege and exempt him ; none such are to be found and therefore a legislator should be deemed impeachable for criminal misdemeanors. zdly. A Senator in his executive capacity is to give his advice and confcnt refpefting treaties with foreign nations and refpe&ing appointments to office after the nomination of the President. Tliefe powers are very important. Suppose a Senator corruptly to refute or corruptly to give his confcnt to a treaty ; suppose him corruptly to engage himself to a foreign nation to oppose every treaty that (hall be disagreeable to such foreign nation ; suppose a Senator bribed to rejeft one man nominated to an office for the purpose of making way for another : Would not such an offender be a suitable objeft of removal from office and future difqualificatioß. It is only by conviction and judgment on im peachment, that future difqualification can be awarded; for expulsion by a vote of vhe Sen ate, is not a bar to a feat in that house or to any other civil office. From these obler vations it appears that a Senator is peculiarly liable to impeachmentfor high misdemeanors in his executive capacity, such as for cor ruptly advising and approving a pernicious treaty, or corruptly rejecting a good one, or for betraying the confidential communica tions made by the President relative to foreign nations, or for making use of the knowledge thus obtained to break the peace of the Uni ted States with any foreign state, great or small, 3<ily. A Senator, in his judicial capacity, is to render judgment in all cases of im peachment. It is admitted that the judges of the several courts of the United States may be impeached as civil officers. Upon what principle of reason or policy is it, that a Senator, for criminal mifconduft in the dis charge of his judicial duties, should not, in like manner be impeachable ? * The constitution of Kentucky expressly re cognize! the word officeasapplicableto a legillator. It ordains that each Senator, Rcprefentative and Sheriff, {hall, bsfore he be permitted to ait as such, take an oath or make affirmation, that he hath v.not, diredly or iodire&ly, given erpromifed* any bribe, or treat, to procure his sleilion to (aid office. And every person (ball be disqualified frOnifcrvjng as a Senator, Representative or fhcriff &c. who fliall b« convi&ed of having given or offered any bribe 1 or treat or canvaUcd fir taid office. 1 hus then it is evident that *i Semtor is not only a civil officer in one, hut In every part of his-p-.iblic charafter. If he was mere ly pofleired of the share of power in the ex ecutive department which has been affujned to him, or it he was merely pofTeflcd of the judicial power which the constitution has af ligned to him, there would be no doubt of his liability to impeachment. Shall the con junction in the fame perlon of three diftinft offices, render him unimpeachable, when, if he held either leparately, he would be im peachable ? But, supposing a legislator privileged from impeachment, ftiall the accumulation of le gislative power in the fame person who is enjrufted with executive and judicial power, render him unimpeachable for executive or judicial criminality. Such an inference is unreasonable. The procels of impeach mentwas intended to reach offenders in liigh trust, concerning whom the ordinary tribu nals are fnppofcd incompetent or inaptly con stituted fora full and fair trial. In this general view, the propositiOn that a Senator of the United States is an officer of the United States,and as such impeachable, seems well supported ; but it fliall be further illustrated and confirmed by some more par ticular considerations. ift. The Vice-President onlyexercifes, during his vice-presidentship, senatorial du ties as President of the Senate, yet he may be impeached: Why should not a President pro tempore be in like manner liable to im peachment ? and if he be so liable, why is not each Senator likewise ? What can create a diftinftion ? / adly. By the constitution, "the Congress may by law provide for the cafe of remuval, death, resignation or inability both of the President and Vice-President, declaring tub at officer shall then aft as President, and such officer fliall aft accordingly until the disabili ty be removedora President beelefted. Artl ccle 2. Seftion 6." Congress, in executing this part of the constitution, have by law provided, that in such a cafe the President of the Senate pro tempore, or, if there be none, the Speaker of the House of Representa tives shall aft as President.' 2 Vol. 25. Here we fee an express declaration of Con grels that the President pr& tempore of the Senate is an officer of the United States, and the fame conftruftion that makes him an of ficer of the United States, will make each and every Senator in like manner an officer of the United States. His powers, his du ties are senatorial. If a Senator is not an officer of the United States, then the Presi dent pro tempore cannot, in any event, aft as President of the United States. Congress is limitted to declare what officer shall, in cafe of certain events, aft as President, and such officer ftiall aft Accordingly ; but Con gress cannot declare that a private citizen, describing him by name or otherwise, {hall aft as President. The like observations may be applied to the Speaker of the House of Representatives, and to each member of that house. If a member of the house is not an officer of the United States, and therefore not impeacha ble, the Speaker who is no more than the presiding member, during the legislative de liberations, is not to be deemed an officer, and must be equally fre« from, or liable to impeachmeht with any other member of that body. 3dly. If a Senator is not a civil offiser un der the Constitution, then judgment of dif qualification to hold and enjoy any office of honor, trust or profit under the United States will not exclude from the Senate, any per son who may have been attainted and dif aualified upon impeachment; and thus the Senate and House of Representatives will be open to such attainted persons when they can hold no other office of trust or honor. Thus a man will be capable of filling the highest office in society, that of a legislator, at the fame time that he shall be incapable of filling any of the inferior offices. Can any thing be more unreasonable ? I know that genuine democracy will fay, that the people may be fafely trusted in the eleftion of their law-makers, and ought not to be reftrifted in their choice by the aft of any tribunal whatever. But this fentiinent cannot be ap proved in such an extravagant extent. To permit a man to be eligible into the legisla ture, who has been declared unworthy of all other public trust after a lair trial, fcettis .highly ibfurd. According to this idea the worst of men may gain admission where the greatest power is placed. 4thly. " No person holding any office of profit or trust under them ftiall, without the consent of Congress, accept of any present, emolument, office or title of any kind what ever, from any king, prince or foreign state." Article t, Sec. 9, clause 7. Unless a Sena tor be an officer of trust, this clause does not apply to him, and he is not restrained from accepting of any thing he can get from any king, prince or foreign state so that this clause is no barrier against foreign influ ence in the, Legislature. Is the Constitu tion so imperfeft ? " No religious test shall ever be required as a qualification to any office or public trust under the United States." Art. 6. It is presumed that the word office as applied to public affairs, is a public trust, and that pub lie trust, means an office relative to public affairs. If a Senator does not fill an office or public trust, then nothing in the confti tction forbids a religious test to be required J of him. The fame may be ftiid of a member of the otherbranch of the legislature. Ought a conftruftion to be given that renders the • constitution so defeftive, when another may be given and with greater reason. In opposition to the doftrine that a Sena tor of the United States is impeachable, some objections may be made, which deserve to be noticed and answered. They arise out of the expressions used in a few clauses in the constitution, 1 ft. objeftion. " The President shall commission ail the officers of the United States." Art. -a,' Sec. 3. But the Presi dent cannot commission a Senator, th-erefcre a Senator is rwt an officer cf the United States. Answer. The indefinite expressions vfed j , , - 1 5 btre ' mi,ft neceiTarily be Inr.itted to the oil, ' C " S " £nv '"g their from the Pr,< t. and do not comprehend thole whole - appointments are otherwise provided tor , . i ther in the constitution or by a law Tk • a !' Su m goes too far ;it is equally ■ Clous proving that the Vice.pif ld 7 nt " i the president pro tempore of the Senate t) ' (peaker of the house of representatives' th t Jecretaiy of the senate, the clerk and' fcr jeant of the house of reprefentativec t k" ■ clerks of the courts of the United States ,k chief clerk and other clerks in the varii ' departments legislative, executive and i • ciary, are not officers of the United Stat/" ; Z ST ,0 be b ; In the lection immediately preceding it : ordained that « the President (hall nomil ' and by and wth the advice and conf e « If i the senate (hall appoint ambafladors, o ,uf ■ public ministers and consuls ; judges 0 f ft, ■ supreme court, and all other ? e United States ■whose appointments art [ t herein otherwise provided for andvbicb ,1» be established by law. But the cc r inferior officers as they (hall- think n in the President alone/,n the ctm PfT or the heads of departments." power of appointment is given under „ tain reftriftions, and the power ofcommif hon however general the words mav he aoft reafopably to be confidercd u ,£ r Z 6 -ft"a,ons. The two power?*£ meant to be co-extensive; and ftnceT clause of appointment has certainly no res * ence to a benator, neither can the clause of commission have anv. Theref«w „ solid exists in the objeaion which these preiiions have countenanced. The Constitution in express terms recor mfcs a number of officers and provides for" their appointment independent of the P*. R f ° f thiS clcfrri P tion Senators" Reprefentat.ves, eledors of the Prudent, ', ld ° bje i}, ion - " Tbe Pr "'dent shall bint power ,o Jill up all vacanchs « pen during tbe recess of tbe Senate by ,rant tng cotnmisssons, wbieb sbtfl expire at the end of tbe next session." Article *. Section 2 . He cannot supply a vacancy in the Senate and as he is to supply a ll vacancies m office' therefore s Senator is not an officer. ' Answer. I lus objeftior., and the lopic also, is substantially the fame with the for mer, and is entitled of course to tfimilar re ply, which need not be repeated. 3 d Objeaion. « No Senator or Reprelent ative shall, during the time for which he was cleaed, be appointed to any civil office under the authority of the United States, whicJi (hall have been created or the emolu menti'of which (hall have been encreafed during luch time ; and no person holding any office under the United States, (hall be a member of either house during his continuance in of fice. ' Art. i. Sec. 6. This clause considers a Senator or Representative as different from a person holding an office under the United States, and therefore a Senator is not an officer. Answer. It is admitted that the words here used do countenance the inference, but on examination, nothing concluiive will be found in them. The clause is plainly divisi ble into two parts ; the firfl. excludes for a certain time a Senator or Representative from any office created or augmented in its emoluments, during the term of his eleftion, intending thereby to render the conduit of the members of the legislature disinterested rela tive to offices and their emoluments. The ex clusion of a fenatcr from certain offices does not neceflarily imply that a member of a sen ate is not an officer. The last daufeprevents* plurality of offices. To fay that no person holding any office (hall be a judge of the su preme court, could not be explained to mean that such a judge was no officer. In like manner the expressions that no person hold ing an office (hall be a member of the legis lature, ought not to be interpreted as estab lishing that such a member was no officer, The obvious meaning is to exclude so high an officer as a legiflatpr from holding any other office ; and upon fair conftruaion this clause, in no part of it, ascertains, or meant to ascertain, that a Senator was not an offi cer, and to make an inference from it affect ing a question not contemplated by it, may be subtle, but cannot be candid, and is therefore inadmissible. 4th objeaion. The constitution in several instances, particularly names a Senator or Representative, when it provides concerning thein, which it would not do, if they were civil officers, as for inilance, in Art. I, Sec. 2. " But no Senator, Representative, or person holding an office of trust or profit, under the United States, (hall fee appointed an eleaor." Answer. Nothing is more usual than this kind of phraseology beginning with some high officers, and subjoining some sweeping expressions. Therefore this must be the lighted of all arguments to prove a Senator to be no officer. BeGdes is was particular ly necefiary to guard against the legislators becoming eleaors of the President, as it would comprize too much power in the fame hands, and therefore from abundant caution, they are explicitly dilabled. None of these objeaions appear conchi five, and to make the several parts of the constitution consistent, they must be abandon ed, and a Senator must be considered an offi cer of the United States, and if an officeri must be impeachable. 1 o fay that it is ui> •becoming the dignity of a Senator to be ame nable to impeachment, is to counteraa the vital principle of the constitution, which at taches responsibility to every public trust. Such a sentiment exhibits the Senate in an odious point of view, and is produaive of jealousy and distrust. True it is a Senator is an officer of great power, high trust and eminent honor. The dignity of his °®ce most emphatically pronounces that he (hould be liable to impeachment, a process efpecia - ly designed for the trial of the high officei* of state. That such is the constitution cf ihe United States, I trust has been fatisfai. orily proven ; but if such is not the conftiti « tion. 'it cannot be too speedily amended.
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