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for the intelligencer.
SYMPATHY.
g
SYMPATHY 1 thou foft and lenient balm,
That all the rage of phrertzy’d grief can calra,
Within my foul thy ir.f.ueiice.fwact impart,
And live forever in my throbbing'heart.
•O ! be it mine for others woes to feel,
Toftnve the wounds of fortune fad to heal.
Let toft companion in any bofotr. live,
And when I've power, be it mine to give ;
To ftep.how fwect, the deep enanguifl.’d (igh,
And make the cheek cf poor misfortune dry.
Though fouls of apathy no ftifierings know',
Hard as are (tones and frigid as is snow ;
The pure delights that go along with thee
They never know, O ! gentle sympathy.
Then in my bread thy influence bland impart,
And live a tenant in my throbbing heart.
AMICUS.
From the National Intelligencer.
The MefTage of the President has
been attacked by the federal prints on
various grounds, which we (hail a mu ft:
the leader with concilely noticing.—
Vv'e lav concisely; inasmuch as we
(hall not (loop to lav any thing on the
gross and indecent language in which
fome of these attacks are made, or to
form any eiiunateof the motives which
at such a tune can indulge in such in
ventive. We (hall, therefore, regard
the substance alone. This will be found
to he so attenuated as alnioft to defy
analifis; and to consist of “ shadowy
nothings,” which are dispelled by the
iirfi rav of light that (hikes them.
Firfi.“ A palpable faSfehood,” is
charged upon the President, or our mi
ninifters at the British court, on ac.
count of the alleged oppoGtion between
the language of the late MefTage, and
that of the lad fellion, encloling a let
ter from our minilters relative to a
treaty w ith Britain. This is a high
and founding charge. Let us examine
the grounds on which it is fufiained.
The President in his late MefTage fays,
“ After long and fruitlefs endeavors
to eiFefl the purposes of their mission,
and to obtain arrangements within the
limits of their inductions, they con
eluded to sign such as could be ob
tained, and to fend them for conlide
ration; candidly declaung to the oth
er negociators, at the fame time, that
they were afcting agairdt their inllruc
tions, and that their government there
fore cou'J not be pledged for ratifica
tion.” lie adds, substantially, that
these terms were inadmiffibie, even in
dependently of the declaration , Tub
je6l to which the Britilh negociators
signed the treaty.
l'he Meifage of the last fclTion fays,
“ I iranfmit to Congress a letter from
our mimiier plenipotentiary at Lon
don, informing us that they have a
grced with the Biiiiih comniiffioners
to conclude a treaty, on all the points
which had formed the object of their
negotiation, and on terms which they
trulled we would approve.”
The accompanying letter is dated
December 27th, and itates that it would
require cnly a few days to reduce the
treaty to form.
Four days accordingly did elapse
when the treaty was hgned.
On these fa£ts, thele enquiries pre
sent themselves.
1. Was the paper actually signed
the fame in fubftante with that conclud
ed to be ligned ?
2. Did no intervening event pro
duce anew and unexpected change in
it ? a
3- Might not our miniQers, in the
irueiim, have received additional in-
Uruttions, more in detail than ih.jfe
previously lent, particularly applies*
Me to iotne points under conlidera
tton ?
4- Might not oOr mir.iftcrs honelt
ly enteitain a different opinion of the
terms of the treaiy from the President ?
It either ot these enquiries can be
anlwcred in the affirmative, this high
charge is annihilated ; and we will ap
peal to every hone It and untialed
mind whether it is not more likely that j
fome such reason, as we have intimat-|
ed, did occur, than that the President,
or Me firs. Monroe end Pinckney
should have been guilty cf a gross falfe
hood ; a falfchood too which could
not escape detection. The very idea
that such men could be guilty of a
folk hood is too absurd for belief. —
When to this is added an almolt una
voidable detection we mult lujpofe
them fools to have uttered it.
We do know that a strange and un
precedented note was tacked to the
treaty. Are we certain that no new
principles wr re not introduced into its
body? Is it not alio very pofiible
that in reducing particular arrange
ments to /cm, their fubltance may be
in no fnaall degree modified ? Might
not then our minilters, when they had
before them, the form as well as the
fubfiance, the details as well as the ge
neral principles, have had a very dis
ferer.t impreffim with regard to the
instrument from that which they pre
viouflv expected it would have pro
duced ? Is it pofiible that
they may have viewed the French or
der as indicative of ho!ti!i:y agair.fi iff
U. i>. and have conceived it found po
licy under such an impression to ac
cept from Britain the belt terms they
coaid get, fubjeht to the reserved righ.
on the part of our government to a
dopt or reje£t them.
There is one fact worth here notic
ing. Long since, Mr. King agreed
wuh the British Minister on certain
terms relative to the impressment o!
American Teamen, in correspondence
with which he was about to sign a trea
ty. But its signature was arrdled in
this critical moment by tne lords of
the admiralty uhufe earnest remon
(trance prevented it. \\ hat has hap
pened once, on a point of the firft im
portance, and yet remaining unf'ettled,
may happen again, and may have oc
curred in this very case.
Secondly. The President is charged
with an attempt to invade the rights of
h co-ordinate and independent branch
of the government in the following
part of the MefTage :
I shall think it my duty to lay be
fore you the proceedings, and the ev
idence publicly exhibited on the ar
raignment of the principal offenders
before thediftrift court of Virginia.—
You will be enabled to judge whether
the defefcl was in the tefiimony, in the
law, or in the admimllration of the law,
and wherever it fiiall be found the Ic
giflature alone can apply or originate
the remedy.” ,
The charges detailed undei this ge
neral head arc multifarious, of which
the fubmiffton of the evidence to Con
gress the allegation of a defect in the
tefiimony, the law, or its adminiftra
tion, are the principal. The right of
the President to lay any thing on this
point is denied, with what justice we
ihall preferuly fee.
The confiitntional oath of the Pre
sident requires him, to the belt of his
ability, to “ preserve, protect, and de
fend the conftitutton of the United
States.”
1 he constitution likewise makes it
iiis duty to give to the Congrels infor*
mation of the Hate of the union, and
to recommend to their consideration
such meafuresas he (hall judge necef
lary and expedient.
Under his oath it became his duty
io thebeft of his ability to protect the
conltitution against Aaron Burr and
his allocates, whether their ends were
tieafonable, or whether they aimed at
carrying on a war againlt a nation at
peace with the U. S. That one or the
other was the end of this alfociation no
man doubts. To arrelt such a pro
ject was therefore clearly the duty of
;he Pre (idem. For this purpuie he
pursued the belt means in his power,
in doing which a great disclosure of the
circumitances connected with the en
tyrprile has taken place, which difclo
lure direßly goes to eludicate the
“ a * e °f the union,” to Ihew wheth
er it is free from danger, or whether
there is rcafon to apprehend dan
<rer, uniefs preventive meflfures bej
adopted. By whom ? By Congress. ‘
To enable whom to judge or tnem
fedves ail the evidence is proposed to,
be submitted. The President intimates
that a defetl exitts fome where, to
enable Congress to judge where, he
lays before them all the correct infor
mation, that can be collected. 1 hat
such defeat docs exist, no one can de
ny. Its exiftance has, indeed we be-,
jlieve been admitted by the Chic* Jui
i ticc himfelf, so far as relates to tne ter
ritories of the U. S. where by the by,
‘the oanger from treason will
always exifi. 1 o (hew the exifiance
of this defedt, it was ncceffary to inb
orn the proceedings of the court. It
is, moreover, intimated that the defect
may have been in the tefiimony. If
so, there is an end of the enquiry, if
there Ihould be found to be no other
defeft. This intimation is consequent
ly harmiefs. But the principal um
brage is taken at the suggestion that it
nay be in the admirfift ration of the law.
This suggestion is altogether hypothe
tical, and cannot, therefore, be jufily
levelled at the Chief Justice : for the
erm ** admtninratiou” <s lo co.npre
lenfive as to include like wife tliofe
who conduct the profacution and rhole
■vho enforce the mandates of the court.
But if it were exciufively pointed at
the ChicF Juftice,Rill, if the President
thinks that ffs conduct has exposed a
ny defect, it is not only his right, but
his constitutional duty, as we have al
ready seen, to recommend to Congress
such measures as he fiiall judge necel
fary and expedient. For the commu
nication he lias made, it is evident that
he coufiders an enquiry by Congress
oti this point necefiary and expedient.
Viewing the fuggefiion of the Pre
sident, therefore, in either of the points
of light in which he has presented it,
it is not only perfectly corre-3:, but he
would have been jufily reprehensible,
had he been blent. A defetl exills
fome where, which can only be remided
; by Congress, who can only judge from
an examination of the proceedings of
the court, w'hich it therefore became
the duty of the Executive to furnifh.
This examination is essential to the de
termination, whether the defebl exists
in the tefiimony j it is equally indif
penfibie to the decision whether it cx
ifis in the law, or its adtniniftration.—
But what, fay these waiters, have Con
gress to do with the administration of
the law ? Let them make laws ; but
once made, let their administration de
volve exciufively on the judiciary.—•
Agreed—with a ftnall qualification.—
Congress may inflitute impeachments,
and they may propose an amendment
to the constitution, which may effect
the existing organization of the courts :
And if their proceedings {hew cither
of these fieps to be ncceffary, it is their
duty to take them. In these respects
we offer at present no opinion—but
such being a part of the constitutional
powers of the Legislature, it was indif
penfibly the duty of the Executive, so
far as he could, to lay before them alj
the information connected wkh their
enlightened excrcifs.
From the Virginia Argus.
The Prcfident’s inelTage to Con
gress is, as usual with him , and'as his
duty under the couUitution required,
a plain and faithful communication ot
(uch important fuCts as were n ceffary
to give them a proper idea of the Hate
of the union, both as to its foreign and
domestic affairs, and also recommends
to their consideration such mealures
as, in his opinion, may be expedient
and necedary. The chief magiltrate
of the U. States add relies the alfem
bled representatives ot this great and
free people, not with the potnp and
parade of monarchy, but in the unas
iurning garb of limplicity and truth ;
the (pirit and Jubilance as well as the
object and remit ot his communica
tions being very different from thole
ot the king’s moil gracious fpetches to
the two hou.es of his imperial pai lia
ment, which always conclude with a
request to his humble anti ybiequious
commons to impofeisduiuona! our.
dens on his mifcrabife people. Out
President, orl the contrary,
handing we are probably on the tv c
of a wav occaTurned by tfle ifyjultige
violence of G. Britain) informs uibdtt
more than four millions of the pfinci.
pal of our funded debt have been !*.
charged during the year, and ufft
we have now in the treasury an unex.
: pended fur pi us, of the receipts beyoed
the expenditures, amounting tcn.jUfi
than eight millions end a half of del.
Mars! bach are the excellent fruits of
| republican wildotn and economy —-
Twenty-five millions arui a hao or
dollars of the funded debt have been
extingusfhed during tne preceding uve
years and a half; and, if the madficis
of our enemies ihould nofc'Coiivpei us
to relinquish the pursuits of peace, the
whole debt will, in a very few years,
be paid, and, then, the far greater part
. of the revenue of the U. S. may be
employed in internal improvements.
There is no tall; in the Prefideiu’s
rneffage of the necefhty of new taxes,
of enormous loans, of the t-mprefimert
of Teamen, and other dreadful rcfvur
ces os that government, which John
Adams once called the moll fiup.cn.■
do us fabric of human invention. In
fiead of all this, the happy people of
the United States have already in.their
treasury a Turn fuflicient to enable them
io defray the expences of war fora
considerable time, and thou Hands of
volunteers arc ready to march with a*
lacrity to the fisndird of their coun
try.
It is yet to be hoped, however, that
; the Britilh government, tn the pteient
. desperate Bate of their affairs will not
. be so infatuated as to add Ameiica
to the number of their enemies, and
. that our demand of fatisfahUun fur the
, outrages hitherto received, and of le
curity against their repetition, will not
, be ineffedluah V/c look forward with
. anxious expedation to the event.
COMMODORE BARRON.
Washington, November 15.
On Friday last, We andertlaod, the fecre.ary
of the navy laid before the committee of the
hoitfe or representatives On aggrefiiona, a detailed
fl.aterr.cnt of the c ireum(lances attending the out
rare committed on the Chefaptake, together
withthofe which occured prior and fublequentiy
to that event. To gratify the public folioitude
on this important fiibjedl, we publi'h the follow,
ing opinion of the court of enquiry and iicpe to
be lliortiy enabled to submit to the public the
other documents connected with tnis affair,
w hich ate Lid to be iu the highell degree ir.te.
retting. NalL.is! latslligsMit.
i At a court cf enquiry aflembled on board the
I United States (nip Chfefapeake, in the harbor of
1 Norfolk and ilate of Virginia, Ly order cf the
honorable Robert Smith, iecretary of the navy
of the United States, and continued by adjourn
ment from day to day, from Monday the sth
* day of October, 1607, until Wedi'.tfday the 4th
j day of November, ISO 7.
PRESENT,
Capt. Alex. Murray, President, and
’ Captains Isaac Hull, and! members thar*
! Isaac Chauncey,j of
The following opinion and report was mini*
! moody given, and direfted by the court t > be
: transmitted to the hdhcfrable the iecretary cf the
navy of the United States.
Pursuant to an order from the honorable Ro*
bert Smith, Secretary of the navy of the United
States, to captain Alexander Murray, directed,
dated the 12th day of September, in the year of
onr Lord one thousand eight hundred and seven,
the court proceeded to enquire into the cauiLot
the surrender of the Chesapeake, a frigate ot
the United States, then under the command oi_
James Barron, efquiie, a captain in the navy ot
| the United Slates, to a British veficl of war;
1 which surrender was made (as is in the said or*
i der hated) without that defence being uxdt
; which might have been expected from the kno*u
valor of Americans ; and having heard ail the c *
! vidence adduced, as well by the judge advocate,
1 as by the faul captain James Barron, and haiJ
j maturely and thoroughly coufidered the
j (captain James Barron having declined to nffi'f
| any defence) report to the honorable the fe- ri *
, tary of the navy of the U. States, as by his lad
1 warrant is required, a fttatement of the matters
1 touefiing the said surrender, together with tb erf
opinion thereon, as followeth :
1. It appears to the coart, that the lintel
| States fcip Chesapeake, then under the co’
I mind cf James Barron, cup'ire, a captain in ’-I' 4
navy of the. United States, failed from Ilamptos
Roads, on an intended cruize in the Nlt-dieerra
-1 uCau Cea, on tire morning of the 22d of Jluki
1 pall, having on board a crew confiding ot nijr ”
than three hundred and seventy men, and
! pletely equipped with every thing itcveflary tu -