COLUMBIAN AND REPOS "HAIL SACRED POLITY, BY FREEDOM REAR'D! "HAIL SACRED FREEDOM, WHEN BY LAW RESTRAIN'D !" BEATTIE. IN To the Public. HUDSON, (NEW-YORK) TUESDAY, JANUARY 3, 1804. N confequence of the diffolution of the partnership of SAMPSON, CHITTENDEN & CROSWELL, the fubfcriber, from this day, becomes fole proprietor, publifher and editor of the Balance. The publication of the Hudfon Gazette being difcontinued, he thinks he may, with confidence, boast of conducting the only independent prefs that now remains in the county of Columbia. A laborious and difficult task, therefore, devolves upon him alone-alone is he to contend with intolerant and relentlefs enemies-alone does he folicit the fupport, the patronage, and the countenance of his friends. In profecuting an undertaking both arduous and important, if he poffeffes but a fingle talent, it is his duty to call it into exercife, and devote it to the fervice of the fiders thofe wh demands, as d this number, have negic&ted Circumftances ftances, have r impoffible, to the agents for rous, that the happen. Any to pay for the publisher the and workmen t drawing his pa friendship he would avoid--whofe fmile | ance, he decla he would dread as the hiffing of an adder. To be purfued, perfecuted and borne down by fuch men, he deems an honorable proof of his independence. Impreffed with fuch fentiments and fuch ideas, it will not be expected that the late profecutions against him, have had a tendency to infpire him with any great degree of refpe&t for the men who inftigated them; and he intends that his future condu&t fhall fhew, that they have not awed or intimidated him. As thofe prolecutions were commenced for the purpose of filencing and eventually destroying the Balance Prefs, it is to be expected that no exertions will be fpared to effect the object. Every fcheme that ambition can invent-every violence that revenge can dictate-every engine of faction, within the reach of a far-ftretched and merciless arm, will be fet in motion: But, thank public. Whether he does poffefs this tal-Heaven, the work of democracy, in this ent-whether his abilities are competent flate, is yet incomplete-the monster An diciary is independent, firm and honeft; and while it remains fo, the perfecuted have little to fear, and the perfecutor little to hope for. to the due performance of his task, are quef.archy is yet in chains. Our fupreme ju- his The political fentiments of the editor are tolerably well known. The open and free declaration of thofe fentiments, has called down upon his head the vengeance of his opponents; and he is conftrained to acknowledge that he is not a little gratified with the idea, that his enemies con fider him as an object worth crushing. He does not fubfcribe to the doctrine that But there is a fpecies of wrong to which the proprietors of public papers are subjected, more injurious, if poffible, than even the perfecutions of enemies. Το withhold from a printer the money which he has toiled to earn, is as unjuft as it is ungenerous. While the editor acknowl. edges, with gratitude, the punctuality of a large portion of the patrons of the Bal The third v mences with a Hundred Pap of which are d culated in all p Every reader n the expence of publisher does ments, he muf inevitably "ki H BALANCE-O. January 3d, The first and se may be had on the First Volume-u Second Volume, Both Volumes, If bound, the pr egant) will be add sent to any post-of age; or to any pos Political. [We admire the firmness, and unbending resolution with which Gov. M Kean opposes the spirit of innovation, anarchy and jacobinism, which threatens the destruction of every valuable institution in the state of Pennsylvania. This enlightened statesman knows too well the value of our judicial institutions-he is too well apprized of the vast importance of the trial by jury, to submit to the views of a rude and disorganizing faction, whose most fervent wish it is, to raise on the ruins of our liberty and independence, a proud, unruly, lawless aristocracy. It will be recollected, that the legislature of Pennsyl vania, at a late session, passed an act for extending the powers of justices of the peace, by which every petty magistrate could have set up a little tribunal of his own, and dispensed equity, (as it was whimsically called) without any regard to law or the constitution. By this act the right of trial by jury would have been invaded-and the citizen left at the mercy of courts, every way incompetent to their duty, and open to all manner of corruption. Gov. M Kean, however, revolted at the dangerous measure, and refused his assent to the new and destructive act. By the following address, it appears, that the Pennsylvania Jacobins, having been checked in their their independent Governor, another act, much FROM A PHILADELPHIA PAPER. cy of this bill, and therefore, difapprov-city, or real refponfibility attached to the ir nia, 1. Because it appears to me to be unconftitutional. The Conflitution expreff-department, of the ftate; and fimilar caly guarantees to the citizens of Pennfylva- fes will be determined very differently, "the trial by jury as heretofore." when mary hundred individual magifThe trial by jury heretofore exifted in trates are to give the rule. To repeat the civil, as well as in criminal cafes; and on language of a very celebrated commentathe exercife of an original, as well as an tor, we fhall fatally experience that appellate jurifdi&tion; excepting mere thefe new tribunals, erected for the dematter of debt and contract, not exceed- cifion of facts without the intervention of ing the fum of ten pounds. But the bili the jury, are steps toward the establishing under confideration, contemplates the per- an aristocracy, the moll oppreflive of ab. petuation of legiflative provifions, by folute governments," unless taking adwhich the trial of iffues, in a great variety vantage of the admonition of the fame en. o tranfactions, as well of the nature of lightened author, we feel that "it is atorts, as of contracts, is in the first inbove all a duty which every man owes to ftance withdrawn from a jury. his country, his friends, his pofterity and himfell, to guard with the most zealous circumfpećtion again ft the introduction of new and tributary methods of trial, which under a variety of pretences, may in time An attack on the trial by jury, in civil cafes, will afford to bad men, in worfe times, a ready pretext for undermining the trial by jury in criminal cafes; and noth scheme of innovation, attempted to palra upon ing more forcibly demonftrates the fenfe To the Senate and House of Reprefenta The bill entitled "an act to revive the act, entitled a fupplement to the act entitled an act to extend the powers of the Juftices of the Peace of this State" was prefented to me on Saturday the 2d day of April laft; but as the legislature adjourned on the following Monday (when ten other bills were returned with the executive approbation) I had not any opportunity, during that feffion to beflow fufficient confideration upon its principles and provifions; particularly, as it was, in fubftance, the renewal of a legiflative propofition to which I had formerly expreffed my diffent; and I am always anxious, in a confli&t of opinion, to pay a juft deference to the wisdom of the General Affembly.-I muit now, however, confefs, that the ample time for deliberation, which I have enjoyed in the recefs, has operated to confirm the convictions of my judgment in relation to the unconftitutionality, the impoly, the oppreffive and pernicious tenden article imperceptibly undermine the trial by jury, the beft prefervative of Liberty." 3. Becaufe the bill has an oppreffive and pernicious tendency. The emoluments of a Juftice must depend upon his practice, and his practice will ufually depend upon the patronage of the wealthy, or litigious part of the community. Cálcu lating, therefore, upon the natural imperfections of the human character, the temptations to oppreis the poor, the helplefs, and the tranquil, will be almoft irrefiftable, nor can any means be fuggefted to avert the evil, while the tranfaction paffes in the private room of a justice's houfe: and particularly if the aid of counfel (as once was contemplated) fhould be denied. Whatever may be the perverfion of facts, whatever may be the diftortion of law, little confolation can be derived from the mere right of appeal, fince the accumulation of cofts could hardly be fuftained by a poor man. THOMAS M.KEAN. Lancaster, Dec. 8, 1803. 2. Because the bill is impolitic. In the judicial department of government, every avenue to corruption fhould be clofed, every difpofition to tyranny should be controuled, every infirmity of igno. rance or folly fhould be corrected, and in fhort, every step in the administration of juflice fhould be taken in the public view, and be liable to the public animadverfions, and uniformity in decifions fhould be preferved. ferved. But the bill under confideration IT is faid, that the Clintonians are putwould perpetuate and countenance the en- ting in motion every mean in their power, largement of the jurifdiétion of individ-o fapprefs the circulation of the pamphlet ual magiftrates, fcattered over the territo-lately publifhed in New-York, in vindicary of the ftate, without any ufeful publi-tion of Col. Burr. Many fuits are actu Communications. ally commenced against the printers, and indictments are threatened against every perfon who has had the leaft agency in giving circulation to it. If it be law, that the greater the truth the greater the libel, fome paffages might be felected from this work, which the Attorney-General cannot, it must be confeffed, confiftent with his duty, permit to pafs unnoticed. He knows one man, at least, to whose character ARISTIDES has done complete juftice. For this treafon against official dignity, fome poor fellow will have to fuffer. Notwithstand 66 no ing all the exertions that are made to prevent the reading of this book, it continues to excite univerfal intereft. Indeed, publication of this kind was ever more eagerly fought alter. It feems as if public defire, in this refpect, cannot be gratified. The more the power, inâuence, `threats, fuits and imprifonments of the enemies of the vice prefident are made ufe of, to prevent its circulation, the more rapid, it feems, is the fale of the work, and the more is public curiofity and expectation raised. Who can tell where this will end? The friends of Col. Burr avow themfelves ready to give perfonal fatisfaction to any one who confiders himfelf aggrieved by any thing "Ariftides" has faid.Private fuits they are willing to meet ; and if truth can, in this day of liberty and equality, be a juftification, they difregard even the Attorney-General, and fhrink not at the public profecutions with which they are daily threatened. Such is our information on this interefting fubject. Meffrs. Websters had better be careful in making extracts from the " pamphlet." The A. G. is now near them, and will watch all aberrations from the contract on their parts, with the eye of a lynx. I take the liberty to inform Meffrs. Webfters that "Ariftides" is an affumed, not a real name. Every body who knows Meffrs. Webfters, will readily believe that they were rather taken in by Malachi Underhill;" and that they really fuppofed he refided in this city. A. G. in fact, believes it too. To prevent a similar mistake," this caution is given in feafon. 66 Editor's Closet. GOVERNOR M KEAN. The This man is said to be a democrat; but what en titles him to the appellation, we know not: His late address to the Legislature of Pennsylvania, (saving a hard-fetched compliment to Mr. Jefferson) does not contain a single democratic sentiment. In In another part of the Governor's speech, we find an account, not over flattering to democracyhere it is : "It is not to be disguised, that the de"fective adminiftration of juftice (owing "to the infufficient number of the judges "of the fupreme court, and the two ex"tenfive range of the districts of the court "of common pleas) remains a common "topic of clamour and reproach. I be"feech you, therefore, gentlemen, to de"liberate upon this interefting fubject. "Recollect, that near a century ago, there 66 were as many judges as there are now, "in the fupreme court, (now, when the "population, agriculture and commerce "of the flate are incalculably advanced) "and that in the fpace of twenty-two 66 The Salem Register tells of the "Increasing silence of the opposition." This editor is equal to the man who declared that he beard a very great silence.When silence increases, who cannot bear it? Duane has hit upon the wisest plan to get along with the new pamphlet." Instead of following the example of the intrepid Capt. Cheetham, who attacks the book with all the fury of a downright madman, he winds himself up in a philosopher's cloak, and appears to view this new "intrigue" of the Burrites with total unconcern. "The public have been long satisfied a: d surfeited on the odious subject," says the wise and philosophic Duane. Whether the public have been satisfied, or not, we cannot say; but that every person who has taken the pains to read all Capt. Cheetham's stuff on the subject, has been surfeited, we shall not presume to doubt. The wise Duane further says, the new production is one of the severest of satires on Mr. Burr." And suppose Capt. Duane's readers should chuse to examine the work, and judge for themselves? Why then, Paddy must change his tone. We cannot conjecture which of these two great captains will be imitated by our Captain Bee. The Pennsylvania jacobins begin to look surly at their governor. The Senate have refused to make any reply to his late address to them, This "looks squally." Granny Barber, "printer to the state," and organ of the Attorney-General, shall be attended to in due season. After what has been said, he must not expect much notice. years the number of counties has in"creafed from eleven to thirty-two which "are actually organized. In fhort, the "inevitable accumulation of the bufinefs "of the courts, has fo obftructed the "ftreams of justice, that they can hardly "be faid to flow.-The fpirit of litigation, cipally original, and the workmanship of a superior 66 "THE MONTHLY ANTHOLOGY," A periodical publication of very promising ap pearance, has recently been received by the editor. It is published at Boston, by E. LINCOLN, and edited by SYLVANUS PER-SE. Its contents are prin cast. Gentlemen desirous of becoming its patrons, may see a specimen, and learn the terms, by apply ing at the Balance.Office. "the ruin of honeft fuiters, and, the triumph of fraudulent debtors and others. "equally culpable, can no longer be difin"genuously afcribed to the machinations. "of a profeffion, nor be regarded as the "mere incidents of the law's delay. The "evil springs from a different and a high- To Readers & Correspondents. 66 er fource." This, reader, is the picture of a state, more democratical than any other in the union. Here we are told, officially, "that the defective administration of justice is a common topic of clamor and reproach"- -"that the streams of justice are so ob structed, that they can hardly be said to flow"-that "the spirit of litigation, the ruin of honest suitors, and, the triumph of fraudulent debtors and others equally culpable, can no longer be ascribed to the machinations of a profession, nor be regarded as the mere incidents of the law's delay—but that the evil springs from a different and a higher source." And are these the blessed fruits of democracy? If they are, we shall not envy Pennsylvania her 30,000 majority. We have received, from an obliging correspondent at Washington, the Speech of Mr. Tracy, of Connecticut, in the Senate of the United States, on the passage of the amendment to the constitution. This speech abounds in plain, concise and forcible reasoning against the amendment. Mr. Tracy attempts "to excite the attention, the vigilance, and even the jealousy of the small, in reference to the conduct of the great States ;" and we confess, that we have seldom seen an argument better supported. We shall commence the publication of the speech next week. The editor earnestly solicits the literary contributions of his friends. |