ed; and money is very perceptibly becoming fcarcer. Incidents may foon happen, which might render the fcarcity of money extremely diftreffing. The apparent quan. tity of money, in this country, is much greater than the real quantity. As the governments of the individual states, as well as that of the Union, poffefs the power of establishing banks, and of multiplying them indefinitely, the banking system has already been carried to an unprecedented extent. Bank-paper is not money, but is only the reprefentative of money its value and its currency depend entirely on credit. If only one capital bank fhould fail, it would shake the cred. it of others if the banks generally should ftop their discounts or reduce them near. ly to the amount of their capitals, a very diftreffing fcarcity of money would immediately enfue. The fame would happen, fhould a fudden and general fhock be given to commerce, from whence the national revenues are principally drawn. combining and weighing all thefe circumftances, it seems evident that a large additional debt muft be productive of very injurious confequences to the nation; and that prudence dictates its avoidance, unless there fhould be a certain profpect that the benefits arifing from the purchafed pof feffion will over-balance the evils, which will flow from the lofs of the purchase money. The annual intereft of fuch a debt would be a great and conftant drain of cath from this country; and, paid to a foreign nation, it would go whence it could not return.

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In

It is alfo to be confidered that the premifes, for which the nation's money is to be given, (New-Orleans excepted) will, for a long time, be productive of heavy charges, without any benefits. If left to remain unfettled, the nation by this bargain will merely multiply points of defence;" for it will be bound in honour, it not in intereft, to defend any part of its territory, however great might be the expences which fuch defence would coft. If, on the other hand, the nation fhould attempt a Speedy fettlement of its newly acquired poffeffions, (not to mention the lofs that would be fultained by the emi. gration of fettlers from its prefent territory, who might be much more ufefully employed at home.) its capitals would, by fuch an effort, be diverted from a much more important channel ;"" the national expenditures would be increased," in rearing and fupporting infant govern. ments and "it is loly to believe that those new fettlements would yield to this country a compenfation for her a&ual outJets, unless it be after a great many years.

In this view, which the memorial itself has sketched and exhibited, it appears that the vail wilderness, the poffeflion whereof by the United States is contemplated, will

coft much in its purchase, fomething in its defence, and much in its fettlement and that" a great many years will pafs away," before it will, in any measure, compenfate for these national outfets. CALCULATOR.

Baiance-Closet.

The head-men of the democrats have given their poor printers an almost insurmountable task to perform that is, the justification or palliation of the proceedings against Croswell. Duane has too much cunning to broach the subject; and, therefore, has laid it up carefully on the same shelf with Gabriel Jones's letter, which he cannot be provoked to pub lish. Others have told but a part of the story,

not permitted? If the real defence which was set up in the case of Frothingham, could avail any thing, Croswell certainly had much stronger ground for such a defence; for the charge which he repeated, had been previously published in almost every federal paper in the union.

Carlton printer of the Salem (Mass.) Register, was indicted for a libel on Timothy Pickering, Esq. On the trial, he was allowed the privilege of introducing witnesses to prove the truth of his charges. He was unable to prove them, and was consequent. ly convicted.

Adams was indicted for a libel on a Judge (we believe, Dana) of Massachusetts; and whether he was permitted to justify by giving the truth in evidence, or not, we are not informed. Admitting, however, that he was not-the case is by no means analagous to that of Croswell. There is an essential difference between a libel on a judge, and a libel on the president. A judge holds his office dur

the truth in evidence; while a few luckless wights, particularly the servile creatures of the AttorneyGeneral, have undertaken to justify the whole transaction, by declaring that the federalists hare acted every atom as bad. Now, if this were true, (which, however, we positively deny in the outset) we cannot conceive how the misconduct of feder alists can, in any degree, palliate the same misconduct of democrats. We have been told, by the democrats, that every essential measure of the federalists tended directly to tyranny, to monarchy, to aristocracy and none more so, than their restric

tions upon the licentiousness of the press; and yet, now that the people begin to grow indignant at the late attempts upon the press, the best excuse the democrats can make, is, that they are only travelling in the very steps of the federalists-that they, too, are pursuing the identical road to tyranny, &c. The reader will undoubtedly feel the full force of such reasoning. To prove that they behave no worse than the federalists, the democrats have mentioned three instances in which their brethren have been indicted for libels, and debarred from the privilege of giv. ing the truth in evidence. Frothingham, Carlton and Adams, are held up as candidates for the commisseration of the world-as victims to federal ven geance, &c. &c. The falshoods concerning these men have been repeated so often, that they demand a refutation.

Frothingham was indicted for a libel on General Hamilton. On the trial, Gen. Hamilton requested the court to permit Frothingham to justify by giving the truth in evidence. Frothingham, however, declined offering any proof of the truth of his charge. It was then proposed, on the part of the people, to prove that the charge against Gen. Hamilton was false. The counsel for Frothingham declared this to be unnecessary and improper, as it was not pretended, on their side, that the publication was true --they admitted it was false. But the defence was of another kind, to wit, that the publication was copied from another paper, &c. This statement is correct; and no person, who values his reputation at half a grain of honey, will have the hardihood to deny it. How, then, can this case be brought to justify the proceedings against Croswell, who offered to prove the truth of his publication, but was

peachment. It can, therefore,swer no good pur. pose to publish his faults to the world. If he is guilty of misconduct in his office, he will be removed by the proper authority. The people, if they are made acquainted with the misdemeanors of a judge, have not the power to displace him; they can, therefore, reap no advantage from an investigation of his conduct. But the president is an elective of ficer. He is chosen, by the people, at stated periods. His character and conduct should, therefore, be known by the people.We deem it unnecessary to enlarge on this head-as the subject was discus sed in an ample and masterly manner by "Cato," in our last week's paper, to which the reader is referred.

The above facts, taken in connection with the Sedition Law, prove clearly that the federalists have ever acted upon the principle, that TRUTH TOLD OF AN ELECTIVE OFFICER, GOULD NEVER BE PUNISHED AS A LIBEL.

Equal and exact justice to all men." In the Supreme Court, on the last day of term, Mr. Attorney-General Spencer moved and obtained a rule against Samuel S. Freer, the publisher of the Ulster Gazette, that he shew cause, by the first day of next term, why an attachment should not issue against him for contempt of court, in publishing r tain observations respecting the trial of Croswell

We shall not so far depart from the principles and practice of federalism, as to question the propriety of this proceeding Mr. Freer is a federalist; and, in common with every other federalist who con ducts with the same independence and uprightness, he has our friendship and regard. We hope, there fore, that he has published nothing that will sub ject him to the rigours of the law. At any rate, he may rest, with perfect safety, on the decision of the Supreme Court-a court, which we are happy to say, has not sacrificed the independence of the jndicial bench, to the views of any party. Mr. Freer must be sensible of the necessity of maintain ing the dignity and respectability of our judiciary. The judges of our high courts stand on sacred ground, and ought to be approached with reverence -tho'not with timidity or servility. Our political

opponents, no doubt, hold a different opinion. Jacobinism is triumphant, when it has stripped the judicial bench of its dignity. Democracy, not content with the power of controuling two branches of our government, is panting to bend the judiciary to its will. We hope, however, never to see the time, when a judge of our Supreme Court will stoop so low as to place his nose between the thumb and finger of any daring jacobin, or aspiring demagogue.-But, we are wandering from our subject. We began this article, for the purpose of stating a fact concerning our serene and benign Attorney-General. And we would ask, in the first place, if "equal and exact justice to all men, of whatever political sect," does not require, that a democrat should be as much amenable to the law, as a federalist? Or, whether an Attorney-General, when he qualifies for office, solemnly pledges himself to become the public prosecutor of only one political sect? Leaving these questions to be solved by whom they may concern, at leisure, we assert (for we have authority for the assertion) that a gentleman did point out to our most gracious Attorney-General, a few minutes after he had obtained the rule against Mr. Freer, two papers (the Bee and the Citizen) both containing matter equally in contempt of the court, with that published by Mr. Freer. Not the least notice was taken of those papers.-This is a fact of a serious nature. It speaks for itself--and furnishes its own comment. Let the people read and understand.

More of the same.

We admire the zeal and impartiality with which our Attorney-General executes the duties of his office: But, one man can't see and hear every thing. We, therefore, beg leave to ask his highness a question or two, with the view of keeping his vigilance awake.-If it is criminal in federalists to speak evil of dignities, is it not equally so in democrats? Do not the democrats call Vice-President Burr, a " trai. tor," and Judge Chase, the "American Jefferies?" Have the democrats been indicted for these things? -Suppose our friend "Mark Anthony," of the Bee-office, should take it in his head to apply his comical fable of the lawyer and farmer to this affair. -"Ob the case is altered !"

Mr. Mark-Anthony" Holt, as might have been expected, has undertaken the defence of the " Young Democrat," who recently robbed us of a shilling: and, if any thing can be gathered from his remarks, he actually approves of this democratic mode of "supporting government"-Nay, we might be led so suspect that he would not think hard of serving as the same sort of trick.-The most plausible ex cuse that he offers for the New-Jersey thief, is, that he (Holt) had once been served just such a trick by a federalist.-We beg Mr. "Anthony's" pardonbut, really, we cannot believe a word of this story.

It is not true, as asserted in the Bee, that the fed." eralists now quote the opinions of Madison and Wortman, "as orthodox doctrine and standard authority." They quote those writings to shew the vast difference between democratic profession and practice-to shew what those men could write one

year, and how they can act the next-to shew that the democrats have obtained the power they now possess, by canting and hypocrisy-to shew that they have deceived the people by making the most false and hollow pretensions. And the democrats may rest assured, that while the writings of some high and leading democrats exist, and while their conduct is on record, they will never be able to wipe away the charge of hypocrisy, meanness and inconsistency, which the federalists have bro't against them.

"Mark Anthony," sometimes called Charles Holt, has been good enough to inform his readers what the democrats meant by "the reign of terror," so often mentioned by them in former and latter times. He says it is founded on a passage in scripture, where it is said the magistrate shall be a terror to evil doers.

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defigning and intending to defame the Prefident of the United States, and to bring him into contempt and diftepute, and to excite the hatred of the good people of the United States againft him, did wickedly and malicioufly, write, print, utter and publifh (or did caufe or procure to be printed and published) a falfe, fcand. alous and malicious writing against the faid Prefident of the United States, of the tenor and effeft ftated in the indi&ment. On examining the indictment, it appears, that twenty feparate and diftin&t feits of words, are fet forth therein, as allegations or charges against the traverfer. He has pled not guilty" to all of them.

"To fupport this indictmen on behalf of the government of the United States, it must be proved to the jury-first, that the traverler did write, print, utter, or "Corrector's" truth, is like Tom Paine's religion printed or publifhed, a falfe and fcandalpublish, or did caufe or procure to be

-neither here nor there, nor any where else. But we wonder he is not ashamed to plead his ignorance in excuse for his falshoods. "Are they the less false for that?"

The Bee has renewed one of Callender's old sto. ries about Judge Chase. We thought that Callender would again be quoted by the democrats as good authority, as soon as it was out of his power to injure them.

[OMITTED LAST WEEK.]

The democrats have often condemned Judge Chase for what they were pleased to term his tyrannical, arbitrary and oppressive conduct under the Sedition Law. He has been represented as a ferocious, persecuting, merciless monster, who employed his judicial power in harrassing and destroying democratic printers. On accouut of his conduct in the case of Callender, he has been particularly censured; and the doctrines and opinions which he advanced in that case, have been pronounced cruel and unjust. A friend has put into our hands a report of the trial of Callender (for writing and publishing the Prospect") from which we make the following

64

extracts:

་

ous writing against the Prefident of the United States; fecondly, that the faid writing is falfe, fcandalous, and malicious; and thirdly, that it was published with intent to defame the Prefident, &c. as flated in the ftatute, and charged in the indist

ment.

"If these three facts fhall be estab. lifhed to the fatisfaction of the jury, they must find the traverser guilty, generally unless he can prove to them the truth of the matter contained in the publication in which cafe the ftatute on which the traverfer is indicted excufes him. If all the twenty fetts of words ftated in the indictment as charged again ft the traverser fhall not be proved against him; or if he can prove that any of them are true, the jury will acquit him of fuch of them as fhall not be eftablished against him, and fuch of them as he can prove to be true and they will find him guilty of the ref idue.

"Thefe enquiries on behalf of the government of the United States, and on the part of the traverfer, are proper for and within the jurifdi&tion and the terms of the oath of the petit jury, who have been fworn" that they will well and truly try the iffue joined between the United States and the traverler at the bar, and a true verdict give according to their evidence."

As we proceed in the history of the trial of the junior editor, our readers will be enabled to discoer the striking contrast between the above senti. ments, and those advanced by Mr. Chief Justice Lewis, particularly on the following points:

1st. The right of the petit jury to judge both of law and fact.

2nd. The right of the court to controul the verdict. 3rd. The right of proving the truth of the charges. 4th. The right of the jury to judge of the malice of the publication.

5th. The same right to judge of the intent, &c.

No where, in the United States, has this kind of culture received fo much attention, as by fome of the enterprizing people of Connecticut. I remember to have feen an account, nearly thirty years ago, of a young lady, the daughter of an opulent farmer in Connecticut, who was married in a filk gown, that the fpun, wove, and made up, with her own hands; and which was the production of filk worms, which he had tended and fed with mulberry-leaves.

Mr. Nathaniel Afpinwall, of New-Haven, has diftinguished himfelt, much more than any other man in this country, by endeavours at railing filk. He planted many mulberry trees, at New-Haven; alfo a nurfery of them at Philadelphia, and another at Princetown, in New Jersey : how far his laudable endeavours have proved fuccefstul, I am not able to fay.

The Chinese cultivate filk with fuch cafe and abundance, that they reckon it among the cheapest of their cloathing. In France, the Southernmost parts of which are in the 424 degree of North latitude, as well as in Spain, Portugal and Italy, which lie further South, filk is railed in great plenty.

There can be no doubt but the foil and climate of much of the United States are favourable for the production of this valuable article but while there fhall continue to be a fuperfluity of land, and a Icarcity of labourers, many useful branches of cultivation will be neglected.

Perhaps, fome centuries hence, mulberry-trees will be as plenty in this country, as apple-trees; and the women will be teen cloathed in filk, of their own raif. ing and manufacture.

debauched, by the hand of an affaffin. And as the murderer, fo the feducer, has fometimes been vifited in a fingularly awful manner by the hand of Heaven.

The death of Lord Lyttleton was a remarkable inftance of the interpofition of Divine Providence, in the punishment of a moft notorious debauchee and feducer.

Lord Lyttleton, the elder, was diftinguished for learning, tafte and piety. His lady was among the most excellent and amiable of her fex. Their lon, the heir to the family-eftate and title, breaking thro' the reftraints of a virtuous education, and fpurning the counfels of the best of parents, was remarkable for the atheifm and lewdness of his character, and as a deftroyer of female virtue.

ley-Park, met them at the place of their landing; and they all came up together to his Lordship's feat, in Hill-Street, Berk. ley-Square, London, where they contin ued till November.

"On the 26th of that month, about two in the morning, Lord Lyttleton was awakened by fomething like the fluttering of a bird among the curtains of his bed, which fuddenly escaped, and the figure of a wo man of majestic afpect (the very figure of the mother of the young ladies, as declared by his Lordfhip,) .ade her appearance, and told him to prepare for his departure for another world, for that within three days, he fhould be with her in the state of the dead. This most extraordinary occur. rence making a deep impreflion on the mind of Lord Lyttleton, he, early in the morning communicated it to the Ladies, who ridiculed what appeared to them the effect of an heated imagination; and to divert his gloom, propofed a vifit to Epfon, where his Lordfhip had a feat that he won from Lord Foley. Here they spent the night, and the following day returned to Hill-freet, where a party was invited to meet them. Not all the jocularity exerted on the occafion could diffipate the anxiety of his Lordfhip, though he affected to treat the circumftance with contempt; and exclaimed, upon retiring, "If I live over to night, I fhall jockey the ghoft."

"The young ladies accompanied his Lordship to his room, to notice fome paintings, and prefently retired; when, before they were undreffed, a fervant ran hallily to their door demanding admittance, and declared that his Lord!hip was dying. Before the ladies could reach his room his Lordfhip was fpeechlefs, and on their entry expired in great agonies. What ren

bie is, that the next poft brought the young ladies an account of their mother's death, who departed precifely at the time when Lord Lyttleton faw the vifion."

This extraordinary narrative is more London paper; and is confidently deciarfully and circumftantially given, in a late

Near Hagley-Park, in Worcefter fhire, the feat of Lord Lyttleton, there lived, in the year 1779, a widow lady, "of exalted understanding and great dignity of manners;" and, together with her three daugh-ders the circumflance ftill more remarka ters, the eldeft nineteen, the next feventeen, and the youngeft fifteen-her hufband, and their father, a very refpectable gentleman, having died the year before. Thefe young ladies the nobleman had marked as his prey. Accordingly he was affiduous in his vifits and attentions to the affiduous in his vifits and attentions to the family: the gratitude of the girls he won by a new-year's prefent; and with a view to ingratiate himfelt with the mother and to lay her fufpicions afleep, he wrote her a letter, in the fcripture flyle, that was filled with virtuous leffons of advice to herfelf and daughters. Thefe arts of infernal bypocrity fucceeded.-The girls were all decoyed from the manfion of their mother; and took up their refidence with his Lordfhip, at Hagley-Park.

In the month of September, foon after their elopement from their mother's house, the fecond daughter accompanied his Lordfhip to Ireland ;-and, on their return, the other two, who had remained at Hag.

ed to be authentic.

Literary Motice.

PROPOSALS are iffued by Okaliah Penniman & Co. of Troy, and D. & S. Whiting, of Albany, for publifhing two neat editions, one Demy Quarto, the oth er, (being one fize larger) Royal Quarto, of the HOLY BIBLE.The conditions, &c. may be leen at the Balance Office, where fubfcripuons will be received.

forms. If that correct information, requifite to render them effectual to the purpofes defigned by the conftitution, is prohibited, the fpirit of the conftitution is invaded. Will not, then, the Court fay, "Although this law does not forbid elections, yet it deftroys their whole benefit. Although it permits the form to remain, it takes away the fubftance. If it prohibited elections in exprefs terms, it would clearly be unconftitutional. As it tends to undermine the right of fuffrage-as it clearly deftroys every benefit which the conftitution defigned fhould flow from an execrife of that right, it is repugnant to the fpirit of the conftitution; and, in the ftrong language of the conftitution, "it is hereby abrogated and rejected."

That this law, prohibiting the giving of the truth in evidence, would completely fhackle the prefs, reftrain the freedom of public difcuffion, and prevent the publication of truth, they contended, could not be doubted. That fame law of libels, which is now attempted to be established, declares that any publication, which tends to bring into contempt or difrepute an officer of government, is a libel.

Can any publication be made, which difapproves any measure of government, without tending to bring fome officer into difrepute or contempt? What, then, is meant by "freedom of difcuffion"-" Lib. erty of the prefs?" Is it the liberty of applauding the meafures of our government, right or wrong-of finging hallelujahs, indifcriminately, to the patriot and the demagogue? Such a liberty, would be the very Jecurity which the demagogue and the ambitious would defire. Under the influence of fucha liberty, the prefs would be converted into an efficient engine of tyranny. No longer, with that boldnefs and energy which has hitherto attended it, would it unmask treachery and artifice. All its energy would be exerted to fhield from public infpecton the conduct of our rulers. It would finally fucceed; and we might be blindly led victims to the altar of tyranny, before we should hear one whifper of danger.

They contended, that the only line which could be drawn between the liberty and licentioufnefs of the prefs, was the great line which feparates truth from falf. hood. This was the line marked by the law called the Sedition Law. And fuch a line is prefcribed by the true fpirit of our conftitution by every principle ef republicanifm. It is conformable to the great laws of morality and juftice. No other line can be drawn, which will not invade the liberty of the prefs; which will not invade that refponfibility of officers to the people, which is fecured by the conftitution. If any one publishes falfhood, let him be punished. If he publishes truth, let him be acquitted. But, let no one be

no e

expreffed himself in the manner ftated by his honor, as he, at that very moment, had in his hands the affidavit, which had been prepared for the exprefs purpose of making an application to put off the trial. The other counsel for the defendant alfo declar. ed that Mr. Van Nefs had been milunder. stood by his honor.] His honor, howev. er, faid he could not have mifunderstood what had been faid; and concluded by fay ing, that, however this might be, he would not put off the trial; for, even if the wit nefs to prove the truth of the publication was in court, he would not fuffer him to be examined on that point. He ruled, there fore, that the caufe proceed to trial. (TO BE CONTINUED)

Miscellang.

FOR THE BALANCE.

Messrs. EDITORS,

I

F you think the following tre worth a place in your paper, it is at your difpofal. The calculations, even to met of figures, may at first appear extravagant; they are, however, correct.

LOUISIANA.-That the public may perfectly comprehend the amount of fpecie be paid by our government for the pur chafe of Louifiana, it may be well to pre fent to their view, its magnitude by cler reprefentations than by numerical charac ters. Instead of flating, that it coll S 15,000.000 dolls. let us, to be better u derftood, obferve, that if the whole num ber of dollars to be paid, were piled one upon the other, that they would create. column, towering in the clouds, of twen ty-fix miles in height. It laid flat-wif in a trait line, they would extend on Baltimore in Maryland, to Albany in tis ftate, or three hundred and fitty-five miles. If paid in quarter dollars, and placed the fame way, they would make a line longer than the diftance from New-York to

His honor then expreffed his opinion nearly in these words :-I am aftonished at this application. The law is fettled, that the truth of the matter published cannot be given in evidence by way of justification. given in evidence by way of juftification.to If, after conviction, fuch evidence were of. fered to the court, in mitigation of the punifhment, it would be received. I am af. tonished that the witnefs upon whom the defendant relies, fhould be the very man whom one of the defendant's counsel had called an infamous libeller. I am aftonifhed, too, that confiderations of policy are urged, in order to fubvert a fettled rule of law. I very much regret that the law is not otherwife; but, as I am to declare what the law is, I cannot, on this ground, put off the trial of the caufe. I therefore pronounce this to be the law-that the defendant, if he thinks proper, may bring up the question before the Supreme Court. I am aftonished, however, that this applica. tion fhould be made at all, when Mr. Van Nefs, of counfe! for the defendant, this morning moved to bring on the trial.

Here Mr. V. Nefs obferved that his honor had wholly misunderstood him. When the Attorney-General moved to bring on the trial, he said he had remarked that he confidered it the right of the defendant to move to bring on the trial, inasmuch as he had caufed the record to be made, and had given notice of trial to the diftri&t-attorney; and that this right would be infifted upon whenever the Attorney-general was ready to proceed. Befides, he remarked, it would have been very ftrange if he had

Charlefton in South-Carolina, or ire hundred and forty-feven miles. It i cents, they would belt five times roun the United States, or twenty four theular two hundred and forty-two miles. 1 fpread upon a level piece of ground, as that each dollar fhould touch the othe on every fide, they would be found cover five acres and a half of land we fuppofe the fifteen million to be carte from our Treasury to be fent to France and allowing one thouland weight as load for a waggon, and one pair of horle we fhould require feven hundred and fif ty waggons, and fifteen hundred horses convey them.

and