The following fpeech was delivered by Mr. Elliot, after the feveral articles of impeachment, as amended, had been a greed to :

Mr. Chairman, as I have voted in oppofition to every one of the articles, and fhall of courfe vote in the negative when they are confidered in the aggregate, it is indifpenfably neceffary that I should make a few obfervations, in order to rescue myfelf from the imputation of voting, on this occafion, in a different manner from what I did at the last feffion: although I am already fufficiently juftified to my own conscience.

It

My cool judgment tells me that were I to vote in favor of the prefent impeachment, in its prefent form, I muft forfeit in my estimation that political character as a republican, which it has been the ftudy of my life to acquire and preserve, and which has hitherto fecured me the confidence of a people as truly republican as ever have existed in any age or nation. is upon republican principles that I oppose the report. At the laft feffion I declared myfelf in favor of the impeachment fo far only as related to the conduct of judge Chafe upon the trial of James Thomfon Callender, I confidered the conduct of the Judge upon that occafion as amounting to a denial of important and conftitutional privileges of compulfory procefs for witneffes, and of trial by an impartial jury of his country; and had the committee taken that strong ground, I must have given it my fupport. They have, however, abandoned it and I am decidedly of opinion that it the conduct of the judge did not amount to a violation of the conftitution, it ought to be confidered - as a mere error in judgment. And for errors of judgment a magiftrate is not impeachable.

It is not upon any trifling or minute diftin&tion between form and substance that I found my objections to the fecond and third articles, but upon what I confid. er as ftrong and folid ground. But to the

fourth article there are a variety of objections.

with correct motives, fuch an irrefillable torrent of public opinion is precipitated, with a favorable eye. It is our duty to endeavour to realize the ancient idea of the blindness of juftice. Let us be blind as it refpects the man, blind to his political o pinions, but eagle eyed as it refpects his crimes. The pure fountain of juice ought not to be polluted with a single mud ly particle of the fpirit of party.

I have faid enough to explain my fentiments and views upon the fubje&, and I will not trouble the committee with a repetition of any of my arguments at the lak leffion.

The following pe... cons are chofen by the houfe, as managers to conduct he impeachment of Judge Chafe, viz.—

Meffis. J. Randolph, Rodney. Nicholfon, Early, Boyle, Nellon, and G. W. Campbell.

After having fiated in the fecond and third articles, every thing which it was necessary to state, when the ftrong ground of the conftitution was abandoned we are prefented with the blackeft catalogue of || judicial crimes that has ever been invented. This article will forever form a phenome non in the hiftory of impeachments, and command admiration by its wonderful difplay of the powers of invention, amplification, and embellishment. Never havel been more completely convinced that gen. ius is capable of creating any thing whatever, that it poffeffes even magic powers. We are here prefented with a fupendous pyramid of judicial guilt, of which mani feft injustice forms the pedeftal, and inde cent folicitude conftitutes the apex. Judge Chale is accufed of man teft injuftice, par-. trality, intemperance, rudenels, vexation, folicitude, &c. &c. If this horrid list of the crimes of a judge is to be crowned by "folicitude," if" folicitude," is to fwell Mr. Pickering lately moved the followthe lift of new tranfgreffions; I muft ftilling refolution in the Senate of the United be permitted to believe that its decency or States:indecency has very little connexion with the effence of its criminality. Befides the conduct of the judge was different at different ftages of the trial, and were I to con fider his fuppofed folicitude as criminal, I could not confider the report as confift ent with truth, unless amended fo as to read in this manner-In manifefting, in the early part of the trial, an indecent fo licitude, and, in its latter ftages, a very decent folicitude, for the conviction of the prifoner, &c. Solicitude is a mere mental operation. Had the judge displayed an anxiety to fave the prifoner, he might with equal propriety have been impeached as guilty of fympathy or pity.

I

I cannot vote for the laft article without a violation of my political principles. do not believe that the expreffion of political opinion is a crime in a republican gov. ernment. I have repeatedly declared that I confidered it improper in a judge to read political lectures from the bench; and I have alfo had frequent opportunities, both on former and recent occafions, of expreffing my conviction that judicial officers ought not to be punished for declaring their political opinions. We ought not ourfelves to practice what we reprobate in others, and it is always defirable to carry our own theories into practice.

With thefe powerful confiderations, others of a different nature have naturally mingled themselves, in my own mind, while refle&ting upon this important subje. Is there no danger that the feelings and views of party have, impreceptibly to urfelves, involved themfelves with our refl.Etions, and that they will improperly influence our condu&t? For myfelf I am difpofed to look upon a member of our higheft judicial tribunal, upon whom,

Refolved by the fenate and house of reprefentatives of the United States, in Congrefs affembled, two thirds of both houses concurring, that the following article be propofed to the legiflatures of the feveral ftates as an amendment to the conflitution of the United States, which, when ratified by the legislatures of three fourths of the feveral flates, fhall be valid to all intents and purposes, as part of the faid conftitu. tion.

ARTICLE,

From and after the third day of March, one thoufand eight hundred and nine, reprefentatives and direct taxes, fhall be apportioned among the feveral ftates, which may be included within this union, accor ding to the numbers of their free inhabitants refpectively.

December 3.

Mr. Nicholfen prefented a memorial from the inhabitants of Louisiana, faid to be figned by 200 leads of families, which takes a view of the laws of the United States, for their territorial Government. He obferved that the three Gentlemen appointed from that country had requested him to ftate that the copy which appeared in our papers in the courfe of the laft fummer was by no means authentic, inany expreffions as well as ideas in that do not appear in this, and there are expreffions and ideas used in this that are not to be found in that. The tranflation that accompanies. the French original, though correct, may contain expreflions that the House will have to pardon, afcribing them to the feelings of inhabitants fo peculi-rly fituated, and not to any want of refpe& for the Government of the Union; they laboured under an idea that their morals, manners

and cuftoms had been mifunderstood, and confequently complained thereof, and that the law of laft feffion was paffed by Congrefs under thefe miftaken impreffions. They therefore pray an alteration of the law fo far as to allow them to be their own legiflators, not dividing the territory into two governments, and not prohibiting the importation of flaves.

M. Nicholson moved after the memorial was read, to refer it to the Committee appointed on that part of the Prefident's fpeech which relates to the amelioration of the Government of Luifiana, and it was referred accordingly.

NEW-YORK, DECEMBER 19. Between two and three o'clock yef. terday morning, one of the most exten. Live and injurous fires that has lap en d in this city for feveral years broke out in the building No. 104 Front-free ocncupied by Mr. Charles M'Carthy as a retail grocery store, and extended round the who'e block up Wall-ft est, along Water freet, from the old Coffee: oufe to Governeur's Alley, croffing Front-freet to the water, confuming in its progrefs not lefs than 40 dwelling-houfes and ftores, and merchandize to the amount (as is faid) of more than one million of dollars. The flamesalfo communicated to leveral houfes acrofs the coffee-house-flip, several of which were deftroyed, and others confiderably injured, it being low water at the time of the accident, the veffels lying at

a

One two story wooden building, occupied by Byrne and Smith as an auction ftore.

One two story brick building, owned and occupied by Mr. Poil as an office. One three flory brick building, occu

The value of the buildings deftroyed is eft.mated in one of the evening papers at 107.200 dollars.

The following is a lift of the particular houses, owners and occupants affected.

Seventeen Buildings in Front-freet. One three story wood building, ocupied by John Sullivan, wholefale and retail grocer. One three ftory wood building, occupied by N. Blake as a flaxfeed ftore.

One tour flory fire proof building, occupied by John D. Martin and John R. Wheaton, merchants.

One two flory wood building, occupied by Daniel Sullivan, as a flaxfeed ftore; One two story wood building, occupied M. Ward.

Two four flory fire proof flores, occupied by Bailey & Bogert, Commiffion Merchants.

One three flory wood flore, occupied by James Forbes.

Öne three story brick building, occupied by George Shonard, boarding houfe. One three story brick building, occupiea by J. B. Kurfheedt, Merchant. One three flory brick building, occupied by John Sullivan as a dwelling. One fmall wood building occupied by Charles, M'Carthy, Grocer, where the fire is faid to have originated. One 3 ftory wood ftore, occupied by Roche & Betts, Grocers.

One 3 ftory wood ftore, occupied by Hannah Ruffell, Tobacconist. One 3 ftory wood flore occupied by Alexander Ogilve, Grocer.

One 3 story wood flore, occupied by Wiliam Bradbury, Grocer.

One 3 ftory wood ftore owned and occupied by James Briar, Tobacconist.

Twelve Houfes in Wall Street. One wooden three-story building, oc cupied by Steddiford and Marfchalk as an auction flore, and by J. McGavisten as a retail grocery.

One fmall brick building, occupied by John Place as dwelling houfe and retail grocery.

One twe flory wooden building, occu pied by Mr. Cavener, and owned by John Jones.

One two ftory wooden, occupied by M. Ffher, and owned by John Jones.

One three flory brick, occupied by Mr. Petit, and owned by John Ratbone.

One two ftory brick, occupied by Mrs. Berry and owned by the flare of W. Bruce.

One brick three ftory occupied by Mrs. Wentworth, and owned by the estate of Commodore Nicholson.

One two flory wood, occupied by H. J Haffey, hair dreffer, and owned by W. B ngham.

Four Buildings on Jones's Wharf* One three ftory wooden, occupied as a wholefale grocery store by Jofhua Jones.

One three flory wooden, occupied by N. Horton, commiffion merchant.

One three ftory wooden, occupied by George Gibbs and W. Seabury, commiffion merchants.

One three story wooden, occupied by John A. Robertfon, wholefale grocer. Eight three ftory brick Buildings in Water-freet.

Old Coffee-Houle, occupied by Edward Barden, and owed by the widow of George Douglafs.

One dwelling houfe owned and occupied by James Patterson.

One occupied by John H. Hurtin as a Grocery Store, and by Benjamin Bailey as a dwelling, owned by Captain Maxwell. One owned and occupied by Ifaac Gomez, Jun. and Shay & Noah, auction

eers.

One occuped by Henry Wylie as Wholefale dry Goods Store, and owned by the widow Hallet.

One occupied as a Printing Office, by the Morning Chronicle and by Mr. Wilkey, Pilot, and owned by Michael Price.

One occupied by Capt. Storey, owned by widow Stocker.

One occupied by Capt. Curtifs, and owned by the eftate of Ifaac Governeur. * Owned by John Jones.

LATEST FROM EUROPE.

Captain Tomkins, of the fhip Thomas, Wilfon, who arrived at Norfolk on the 5th inft. brings London dates to the 13 of October. The leading articles, furnished by this arrival, are published in the Com

mercial Advertiser of this evening. They will be found uuufually interefting. On a perufal of thefe, it will be found

That hoftilities between England and Spain have actually commenced, and that three Spanish frigates, richly laden with the treasures of the South, to the amount of 20,000,000 of dollars have been captured, and a fourth deftroyed.

That the Englifh fquadron have made a fuccefsful expedition against the port of Boulogne, in which 150 of the French gun-boats were destroyed-the remainder much injured, and many of their foldiers killed

That much difcontent prevailed in the French armies near Breft, and particularly among the Irish Guards

That a revolution in the government of Holland was foon to take place, and probably a monarchy to be established on the ruins of that ancient and profperous Republic

That the misunderstanding between the Emperor Napolean and the King of Sweden was affuming a more virulent and decided character; the Minister of Sweden having, by order of his Majefty, prefented to the French charge d'affaires at Stockholm, a Note, written, as will be seen, in a ftyle of peculiar firmnefs and fpirit-and

That the Ruffian Charge d'affaires, af. ter several unsuccessful conferences with the French Minifter, had at length quitted the territories of France.

Thefe laft circumftances juftify the opinion, that Sweden and Ruffia will foon take an active and refolute part against the plunderer of Europe.

On the capture of the Spanish frigates, the Philadelphia Gazette has the following obfervations:

"Among the articles moft interefting, thofe which relate to the approaching war between England and Spain, will more particularly attract the attention of our readers. To many it has long been a matter of furprise and aftonifliment that this event has been protracted even to this period of the prefent British adminiftration. During that part of the war in which Mr. Addington directed the concerns of the nation, a policy, with regard to its foreign relations, almoft the reverfe of that purfued by Mr. Pitt, was adopted. . The en. ergies of the nation were unfortunately often fuffered to languifh for want of fuit. able objects of enterprife: and its high and fcrupulous claim to difcriminate jul tice nearly jeopardized by untimely and i!! judged forbearance-with M. Pitt the mere fufpicion of national injury was a juftifiable pretext for demanding explana tion; and, where explanation failed the " laft refort" was unavoidable. Precifely in this fituation was Spain to England when the pielent adminiftration revived.

state

In fuch a flate of affairs, it were impoffible for England to tolerate a treacherous peace; and that an open war is inevitable, is amply manifefted by the articles in this day's Gazette."

On the difagreement between France. and Sweden, the Political Register thus remarks:

"The lofty and even contemptuous tone affumed by the King of Sweden, in his notice of the Emperor Napoleon, an nounces his confidence in the fupport of Ruffia, and juftifies the expectation of an immediate war on the continent of Europe, which the departure of the Ruffian Min. ifter from France ftrongly corroborates."

Note tranfmitted by order of his Swedish

Majefty to M. Gallard, the French charge d' Affairs at Stockholm, Sept. 7, 1804.

"His Majefty the King of Sweden has received a report of the improper, the infolent, and the ridiculous obfervations which Monfeiur Napoleon Bonaparte has allowed to be inferted in his Moniteur, of the 14th of Auguft, under the article of Ratifbon.

"The tone, the ftyle, and the fubject of this article are all of fo extraordinary a nature, that his majefty has been yet hard. ly able to comprehend the object of fuch an act of political extravagance. If it has been done in the hope of mifleading the public as to the conduct of his majefly, as it appears from the uncommon pains that are taken to draw a line of feparation between his majefty and his fubje&s, let the world underitand, that any initigation to that effect never could have been lefs likely to fucceed than at this moment, or than it always will, with a people whofe interests are bound up with thofe of a fovereign. who has never feparated his property from theirs, and who never feels fo happy as when he contributes to the glory and to the happiness of his fubjects.

As his majefty cannot, confiftent

with his own dignity, or the honor of his crown, permit any official intercourfe, after fuch an infult, he has ordered me, Sir, to communicate to you, that from this day, all diplomatic intercourfe of every kin, both private and public, is immediately to ceafe between the French legation at Stockholm and his majesty's gov

ernment.

"As a sentence in the article above mentioned, feems to imply that the French government is difpofed to admit that the continuance of the commercial intercourse between Sweeden and France would be attended with fome advantages, his majef ty, on his part is willing to permit the fame from those fentiments of efteem which he always entertained for the people of France; fentiments which he has inherited from his ancestors, and which owe their origin to far happier times. (Signed)

"T. D. EHRENHEIM."

DEAL, October 4

Several fhips of war from the Bologne ftation have just arrived in the Downs, and by them we are happy to learn that the expedition against the French gun-boats has completely fucceeded.-There were about 200 outfide of Boulogne. The night was very dark, and every thing favorable.A new invented machine floating under water, conducted by a fmall boat on the furface; the machine containing 4 tons of ftone and feveral barrels of gun-powder was carried one to one end of the French

fquadron and the other to the other.-These machines exploded after a given time, threw up the ftones, deftroying many of the French boats and threw the reft into conlufion. Some fire fhips were then sent among them. The land batteries, &c &c. firing brifkly but without effect, as the night was dark. The French fent out boats full of men, but a dreadful havock was make among them all. It is faid that upwards of 150 of the enemy's veffels were deftroyed, and that none of our men were killed, and a few only wounded.

Wreath.

EXTRACT

FROM THE PORT FOLIO.

The American Captive in Tripoli.

[Referred to in our last.]

Y lurid domes! whose tottʼring columns stand,

Marks of the despot's desolating hand;
Whose weed-grown roofs, and inould'ring arches
show,

The curse of tyranny, a nation's woe;
In every ruin, every pile I find

[A line evidently omited.]

Your dreadful cells expressive silence break,
Echo to groans, and eloquently speak :—

The Christian's blood cements the stones he rears,
This clay was moisten'd with the Christian's tears
Pale as these walls, a prisoner oft has lain,
Felt the keen scourge, and worn the ruthless chain;
While scoffing foes increasing torture pour,
Till the poor victim feels, alas! no more.
-E'en here thy sons, America, are found,
Lock'd in foul prisons, and in fetters bonnd;
Heavens! what a time! must free Columbia bow
Before yon tinsel'd tyrant's murky brow!
Cringe to a power, which death and rapine crown,
Smile at a smile, and tremble at a frown !
Kneel at a throne, its clemency implore,
Enrich'd by spoils, and stain'd with human gore?
To pirate fiends obsequious homage pay ;
Their presence honor, and their will obey?
Endure the lash, the ponderous load sustain !
Suppress their anger, and their threats restrain ?
Leave a rich clime! explore the treacherous waves,
The sport of miscreants, and the slave of slaves?
Heavens at the sight, each patriot captive glows
With virtuous hatred on his country's foes,
At every blow, indignant passions rise,
And vengeance flashes from resen ful eyes.
But heaven is just, though mau's bewilder'd mind,
To the dark ways of Providence is blind,
Else, why are some ordain'd above the rest,
Or villians treated better than the best!
Why, martyr'd virtue ! hang thy injur'd head!
Why liv'd an Arnold, while a Warren bled!
Earth's murderers triumph, proud oppressions reign,
While patriots bleed, and captives sigh in vain,
Yet slumbering justice, soon shall wake, and show
Her sword unsheath', and bend the hostile bow;
Columbia's genius hover round each son,
And thy blest shade, immoral Washington;
Unite to guard us from nefarious foes,
And heaven defend, and angels interpose;
Devoted tyrans cauze our wrath to feel,
And Beys and Bashaws in submission kneel;
Man's equal rights, sweet liberty, restore,
And despotism fall, torise no more.

Diversity.

ENGLISH AGILITY.

IN the great Dutch war in the reign of Charles II. the English fleet and that of Holland fought in the channel for three days fucceffively, engaging in the day and lying to at night. But juft as they were preparing to renew the action, advice came off that an armiflice was concluded upon, and the hoftile parties began to exercife mutual civilities. On board a Dutch man of war, which lay long-fide an Englith firft rate, was a failor fo remarkably active, as to run to the mafl-head and ftand upright upon the truck, after which he would cut feveral capers, and conclude with ftanding upon his head, to the great aftonishment and terror of the fpectators. On coming down from this exploit, all his countrymen exprefled their joy by huzzaing, and thereby fignifying their triumph over the English. One of our bold tars, piqued for the honor of his country, ran up to the top like a cat, and effayed with all his might to throw up his heels like the Dutchman, and not having the fkill, he miffed his poife, and came down rather fafter than he went up. The rigging, however, broke his fall, and he lighted on his feet unhurt. As foon as he had recovered his fpeech, he ran to the fide, and exultingly cried out to the Dutchman, "There d-n your eyes do that if

you can."

utes.

FROM A LONDON PAPER.

66

ON Tuesday laft, a lady dreft in the moft elegant flyle, and affecting the woman. of fashion, went into the fhop of a jeweller in Oxford- ftreet, and being without a hat, he appeared as if juft ftept out of a carriage, which in fact, was the cafe; fhe afked to look at fome rings, and several were fhewn to her; presently a fervant in livery came in, and, with his hat off, laid aloud to her, "Sir Robert is in the carriage, my lady." Very well," fhe replied, "I will be with him in a few minShe then paid for two rings, left the fhop and got into a poft chaife that was ftanding at the door, and the fervant followed her into the chaife, which immediately drove off; this latter circumstance fomewhat forprized the jeweller, but on his returning into his fhop, he foon found other caufe for his furprize; for, on examining his flock, he found to his very great regret, that her lady fhip' had diminished it confiderably, by taking five rich diamond rings, and feveral other articles of value, which, in her hurry to attend Sir Robert, fhe had forgotten to pay for.

When the French Royalift Georges was lately on his trial in Paris, he was asked

WHEN the prefent king of Great Britian was crowned, the Lord Chancellor was in the act of placing the crown on his head, one of the most coftly jewels in the chief cross, being accidentally loosened, fell to the floor. The accident did not e.

fcape obfervation; and those who see figns and omens in almost every thing, predicted that fome rich appendage to the crown would fall off during his Majefty's reign."The sage Astrologers, if they please, may tell— "The jewel was AMERICA that fell."

DURING the American war, (1782) the Atlas, an 80 gun fhip was built at Chatham, in England. Her head was a figure of Atlas fupporting the Globe. By fome error, the globe, was placed fo high, that part of it was obliged to be cut away before the bowfprit could be fitted in. This part happened to be no other than all North-America, and the carpenter who cut it was an American. The next year all North-America was declared independent. The reader may rely on these facts.