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The national intelligencer and Washington advertiser. [volume] (Washington City [D.C.]) 1800-1810, June 18, 1806, Image 1

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Washington" ad vertiser.
• *■■ "MLAItS PFK JKh'UM.
As cornmorlofe Truxtun has heen bit
terl) cnmplninmc of the inattention of
tic RpCfftaryof the navy to hi n, in not
l ivingattached to his ship a.e<tfitainr>{
the navy, or some officer above the
grade of a Lieutenant, and as he hasj
in in print, in manuscript
•iid vi conversation, stuutly aaserted that j
tv coromoiTore, before or since, in this
er in any other country, had ever
rrklly treated, I would here sub
; in the followingstatement :
Ist. An '>,('.< r of the government to a
in of the navy to take a secondary
itati w on board of a frigate under ano
-afifah,, would have been contrary
to the practice of this country, aid
would not h tva '>'■' n warranted by any
j ractice that has ever obtained in either
trreat Rr!t in or France.
nited States and in Great
I'vit iin, theft . i officer a* »
. No such Com*
i ci either country. The
title qf comtnodirc is a mere name of
fco>irtes\, given to a captain whohaa tin?
eomnu n'of a i'j ; . ■(Iron.
:;rd in France, hoWever, there is such
nn offr-. :- as a re '■' comtof*
doro, with a rank ' of a cap
tain. Anl th-rcforr in Stance a com
(nodore, fcavinfl thi ronomanrtof asqua*
do a given to hi >v, ma\ go on board oi
Whatever ship n> iv be the ny *t agreea
ble to liim, an<! ma ■ fvr\v.,i\! shift his
pendant from time to tun. it pleasure',
to any of the other ships ■>! hi* sqnadjrc n.
To<>verv shiptif such squadron th
fccafctaan Specially attached by the Or
de*of th** government, on< pi r.oixrsea
commodore in the Ffcench,service, HI.
mirai, has in ins. ship under lir.n a
r ;-pi 'in of th mi .vy.
4.h. In tile British navy it is not toe
practice for a commodore to h ye in his
• tip ir < r him acaptam of th" navy,
V fd -Tiy officer anose the (tad« <l
st he-utenr.nt.
sth. h) the American navy under
late adinhuv.ntion, bommbdorfc Tviik
tun ii' vt r had Si his ship ui«th r him i
captain ot the nav>, Mor any officer
above the grade of a lieutenant. ,
6th. VvAtx the present ndrr.inistra
tion captain James I'.arr-r., rvwi
ct-.tm peculiar circumstances, was with
♦■oinrrmdorr Dale «» *»fe fir-t . flu er -1
his ship, not, however, by any order H
the government, but in virtue oi v pn
vate'fritndlv arranjetrientm.ndebetwet.
these two officers, and afterward ap.
pmv -d and confirmed by the then elii
•ntftlng *ecre.tarv.
7th. To the ship of commodore Pre
ble no'offv er of a higher grade than that
t,i h li« aienant was ■ ver attached.
ah. The first offi-cv ot the ship oi
commodore Barm, when first attached
toher, was a lieutenant, but was after
■ward among other lieutenant* promoted
to the rank of master commandant.
JJoWever the commodore d the
(Iron, of Am own accord, iit the Medi
terranean, transferred him to the com
mand of one of the sloops of war, and
thus left his own ship with only a lieute
nantas the first officer*
I. The first efficer of the ship of
commodore Rodger's, now m the Medi
terranean, is only a lieutenant.
10th. i nsnal complement of lieu
tenants for the Chesapeake, the ship of
tommodol'e TnixUin, was four. The
lieutenants attached to her, and that
vrn t out in her, were John Sroitlj
Oeorgt Cox;, David Porter, and John
GaUiway. These rftcera have been
Invariably and justly highly respect; d,
and three ef tlum do at this time com- t
Tnand, With great honor to their country, '
■ldopH bf War In the Mediterr -nean. '.
Smiti' Cox, andPoiicr ate well known
to have b'-eu competent in all respects '
to any st. tlon in a frigate. Cox, under I
the liit'- administration,had served with
I rotation as the first ofßc r of a
ship of war. And Calloway (unwtlf-
Cf . a »ed) was one of the most promising
~s of his stahding in the navy.
Operand above these four mem
jieutenanta, there had been, b<
captain Camnbell, fmtr other lieute-
Ba nl tl> t: ' ( ' i;rs:i :"
government could not con
htly hive Ordered Captain Cariip
hell to take h sftct fttiary stitlon i ti'
o1 aiVt«ate undf v commodore Tru
s ttie commodore had set his heart
■ upon having a en/:iain, an.ex
rrangement l'<.;- that purpose
~ ,„• with captain Campbell,
v,ho hi" Imuualy yielded to
wh t!i id appeared clearly to him a so
licitude on tlw part of the secret-.r. t
the navy, and had actually proceeded
towards Norfolk, ai tar as the «
Washington, but was nn .ttlc to proceed
Curth«r, inconsequence of an inju-y in
wneof'his knees, and wan ihereup n re
ported to the secretary as at that time
unfit fur duty. •
12th At the time commodore t rux
tun had the command of the Chesapeake,
ihare was hot in the navy ot the United
Sates an) such ( fi.eer as i master com- j
maml.mt. Neither wa, there an atldi- |
tio.ntl lieutenaut. within the United ,
Stater, that could have been attached to
ki& ship.
13th, Tf commodore Truxtun had g°ne
out if< the Chesapeake* a*, commodore
Morris did. with the four lieutenants
that hi' 1 been attached to her, the- *e
("f"t iri of the navy wo-dl hn-c availed
himself of he first opportunity of fur
nishing him, as he rid Morvis, With an
additional lienten '"'t.
14th. Commodore Truxtun, after his
rliio had re c'md the Mediterranean
station, wvild, nn every other commo
dore, have had full power and authority
to have transferred to his ship any heu
tenant of the squadron as his first ofii
; fcepi
(To be. Continued.)
Friday, March 28.
Mr. SMiLIR laid he heartily con
Cttrred in opinion with tbofe gentlemen
\\\\') confidered an union of a contract
with a feat on this floor as highly iin
pr per. B>-t that was not flic qOeflion
llnqer confidetation. It was limply,
bowfarlhfy were adtliorifcd by the
conftiui'ioii to take the comfe now re
commend' '. Every man attending to
that conftitmion, vould see that it had
two great oh eels in view—One was to j
prote tlie interefls of the commmii- '
ly ;—the other to protect the rights of!
individuals. Both thefe duties were !
<m" lly IVced. Was it then proper, in '
maintaining the one, to facrifice the 0
t; er ? ; 'i'o avoid Scylla but ftrike on
\ h;iyb(ii- ? He wilhed to God the eon- I
fiiiiiMMi had excluded contractors ; but
as it had given them a right in com
mon with the citizens of the U. S. to
a feat on that floor in Cafe they were
elected, he crulci not m confluence do
tiling which Would uh-. away thofe
It did not b long to that
Ilouf-, previous to the existence of a
iculartaft to make a general de
claration. "When a I'arti'ular cafe was
brought forward it would be time e
notigh to take the fubject under confi
Mi . BIDWIXL faid, before he
ar»rye hi' vote, br would ooneifaly fiatc
the reafmis which would influence him
in giving its This Was not a mere qin-f
--tioh of policy, hut a qvftion that impli
c ted the ronhitin'ion. It was their
dtity to decide, not wh <t the ConAitu
-011 /It to be, but what it was. j
However it might or might not con
form to their abftra& ideas, they were
nedrerthelc is bound by it The ref ru :ion
fays - a contractor is an officer with
n the meaning of the Conflitution. In
elucidating this point, the conflitution
'muft be our gd'tcie. Ihe claufe of the
cortffitution relied qpon is, th.at "no
perfoil holding any office under the fJ.
S. fliall be a menibtr of either Houlc
cluing his continuance in office" To
fuy that a contractor is an officer is ■
giving a new fignificatibh to the wwrds '
contracVcr c!r officer. He conli ,'ered
both words to be as well undcrflood, £t
to have as definite meanings as any
other words in the English language.
There is a ronflitutional nefini ion of
the vord officer in the Sd feclion of
the 2d article of the confeitution, which
1 provides diat the Piefidcrtt 'fh.dUom
miffion all the officers of the L r . S."
Here then is a conflitutionr,l definition
'of what is meant by a perfon hold ng
'an off; <-, vis, a perfon commiffioned by
i the Prelident A contractor does not
nectffaiilv or even generally bold fucb
a commiffiou* By deciding that a con
tractor is an officer, it vv ill be decided
that no contractor could be appointed j
without beidg commiflioned hy the Pre- j
fident. Ths would be t-xt nding the
doctrine a Itngth to which it had never I
buen carried. Further, it is provided, that !
the IVefident, Preficient and other
Officers of fhe government, (h*l) take
an oath to fupport the conflitution of
the U. ij. J* theic RBy fuch rrquili
tion, or has it been tifutl to require
Hich an oath from eon tractors ? Un
der this view of the. and con
ceiving himself bound by the oath
which he had taken to fifpuor: the con
fhtutio'.i, he could not in conscience a
gree to the refolution, whatever evils
it might have for i s objec.t to cUi
Vu RHP .often.) laid this was
an abliraCt queffion, in the aifirma ivl
of which be w.s not prepared to vote.
There were a'.iliruct reafon: w! lch in
duced him to vote agarnlt the vefohi
He faid be was averfe to afTume from
the coulliuuioii of the U S, what Was
I not exprellly declared therein.
He not willing to go on, hy a j
principle of conflriKTiion, until the rnn
ftitwtion of th? U. S. was made an}
thing or nothing. There was a flay
when the principle of conflruc'ion was
reprobated, and now, having a feat in
this honorable IToule. he was hot wih
| ling to revive that principle.
He faij be was determined to Vote a
j gainft the refotation.
Mr. J. RANDOLPH admitted that
this mitrht be, as he was convinced it
was with many gentlemen, and hoped
it was with all, a cjueiYton admitting of
a fair difference ot opinion, Tt was a
fueflion that the cotiftrtfAion
of the conflitution cf the U. S. The
point in ifTue, whether a contractor is
or is not an offirer of the U. S. had
been fet affile by b-ing begged. G mtle
men argue as if it were propofed to ae 4 .l
a new qualification to holding a feat on
this floar—when in truth, no luch tjuef
tion exifled—the only queftion was whe
ther there was not an exifcir.g diCjuili
ficaioii. While I am up laid \'i.. R.
permit me to fay the gentleman from
Maryland has, with a peculiar infelici
ty abandoned the ground which be had
fiifl taken. H- fa}'s that a contract
cannot b<- an office, becaufe the former
are put up to f:.le ; and becaufe no man
under the conllitu ion, can poffefs the
power of creating an indefinite number
ot offices. And yet, how are thoi'e
men who carry the mail or difcharge
j the duties of poll maHert appointed, but
'on the mere dretutit of the port mafter
] general ? And how are foreign minif
! ters appointed I They arc not appointed
by law. The Prefident nominates as
many as h.epleafes, and is only limited
by the money at his difpofal. As to
I the office? under the poll mafter gene
ral, as has been all edged, being let to
the loweft bidder. I believe it Would be
difficult to eftablifh the allegation. I
underftand that that is not the princi
ple on which th'-y have been let out.
We are told that a contract is nothing
but a bargain- Jt Certainly is a bar
gain. But fuppof* the office of poll
mafter general, as tl'at feenis in this I
debate to l:?ve engaged fo much df the J
attention of gentlemen,, 'hoiilJ be let
to the lowed bidd.ei- f—-would the pet- !
fon that dlfchargedl thole duties be leis !
an officer of th- U. St There is one
office which 1 btlieve is always let to ]
the lowed bidder—a common execution- '
er. Who is he:—l he chputy of the |
fheriff ; quo ad hoc, be is as lniieli
an officer as the fupenor who employs .
hitn. * ! '
What do we prnriofe to do ? To ;
give a conltruction to the conflitution
which is to operate pp. our Houfe only, 1
and which is not to govern the other 1
Houte. They are as much the judges ;
of the qualifications of their own mem
bers, as we are of the qualifications of }\
ours. And although the gentleman •
from Georgia is unwilling a different!!
principle fnouJil obtain in the two
Houfes ; and although 1 be J
■ glad that a proper principle lhould be j
applied to both, and lhould therefore be ;',
willing that f'H Ii a principle fliould be , j
f.xfd by law, I arri not, therefcrei tor |
abandoning that, which we have }> n in- j ■
d fputable right ro do, a right to judge '.
of the qualifications of our own mem- '
hers, in the hope of obtaining that which | '
we may never ncconmlilii. But let me j '
aflc thole gentlemen who prott Is them- !
lelVes willing to aid us in framing a !
law upon this fubjecti how, on their j
oWn principle, a law can b* framed to 1
do that by law which cannot, as ihey !
fay, be done under the conflitution | If I
the conflitution does not authorife ruch |
a ftep, much lefs will it be authorilld
by our laws
Mr. ELMER faid it was
: clear to bhn, that the members of that
: I'oufe weie not at I berty to vote for
; the refoltitioti under confideration; Both
j common leufe and the conititution for
1 bade confidering a contract in the light
ot an ofilce, and he had never before
heard it contended that they were equi
valent terms. He would cordially give
bis vote for any law which CoUld be
corfftituticnaHy patted, to get r'.d of tpe-
Culation and corruption of any fort,
but the oath which he ban taken to
supjiort the conbitution. limited his
power which he cdold not tranfeend
Mit KELLY faid he Would con-
Ctfciy aflign the reafohs '*iiic;b wouid
induce him to vote again ft the refoluti
on. He did not believe j-n officer and
a cor. ant the l'„me thirgs.—
With regard :o contractors holding a
feqit on tiiat floor, it might happen
that a man might be a contractor with
out being- in toe leajl difquahfipd, frem
impaitiaHy tljacbargiftg all the dnti
a member, as the contract which he
fanned might be more for tl.'a good of
| othrrs tbnn fir his own benefit. He J
h&Wever allowed that where a perfoft j
held a fl-nt, and madeufe of the powe
it gave him to make a contract, he
highly cenfora k- Still he was of
opinion that it was not in the power <d'
'lie Houlc to declare the two appoint
ments incompatible, unlels the consti
tution expressly authorized them. In
examining- the Cqnftitutron he found no
inch provifion. Though it had been at
tempted to be (hewn that a contractor
and an officer were ohe and the fame,
he believed they were very diltinct
things. A contr..rlor receives no au
thority from government ; his contraft j
j was derived from an officer, and all the |
power he pvffeffed was derived i'rem him, I
J who was only amenahle tor the perfor- !
manceof he duty to the perf'.n who j
inted him. A contractor rculd nr?t I
therefore he confidered as an office r tin. j (
der the conititution, amenable to the .
U.S. J
Several aMulionc, Lid Mn, K. have j
been made to cafes which hive occurred j
under 'hepoft mailer general, but until j
thefe fiiall he particulaily pointed out, '
it will be im'poffiblc tor us to detide how
we are to act I Wlieve that it does i
rot become this Houle to pafs declare- '
tory ads relative to the con/litntion.
It ouglit in my 'opinion to (rand on its '
own footing ; and every cafe that is i
prelVnted might to he decided, not by a '
dt ■••laratory ac\. but hy the conftitutioh ;
itfelf. My colleague that the judg
es of the federal ;is well as itate courts '
take an oath as well ;<s we do, to fup
port the conflitution ; and that notwith
ilanding, they are in the d.ily h thitoF
conftruing tire conititution. But there j
is a wide difference brtweert their derid
ing on particular ofes which properly
conic before them, and this Hcni'e go- ;
ing into a general declaration without a
ny i'uch particular cafe. Would the
judges undertake to declare the meaning ,
bf the coii{li-,K<ion Without the exiit- |
ence of a particular cafe calling ior ,'
their decifion, so that the Very thing
j which the Houft is ahout tloing, has
been invar'ntilv avoided by the judges,
j MR I)AVVSON obferved that when j
j the relblution was offered, he had voted
; for it, hecaufe he approved the princi
j pie on wh eh it was founded. He
fhonhl now be obliged to vote aga'mft it, |
; becaufe it ttnd'd to Curtail the privile I
of the Houfe. If a contractor 1 -ad
conltitutionally no right to a feat in the j
Houfe, the proper way was t» take op.|
I the c ,fe and act direftly upon it. I[e
! b'dieved that fucb a cafe did exift, a»d he
' was ready to fay if there were any
members who received money from the
public, they ought not to bold a seat on
that floor.
Tae epieflioh was then taken by yeas
, and nays on agreeing to the refolutipti
v_Yeas tS —Nays 86—as follow :
I YHA& —Messrs. Alexander, Russet,
; Retltmjer, Clark, J. Clay, hi. Clay,
1 Earle, Garnett, Cray, Jones, Leibj IvC (
Ciccry, Moor*, Newton. J. Kandoldh, j
[T'.Mi Randolph, Rea, of Pen. Sand- '
I ford, Scinineman, S. Smit'-, Spalding, |
Stanford) P. R. Thompson, 1). R. VV ii
; liams, and V.'inti'^-X'S.
AldYS —Messrs. Alston, Barker,
I Betton, Ridweil, Blake
Blount, Brown, Buth r, G. Vv. Camp
! bell, J. Campbell, Chandier, Chitten- I
den, Claiborne, Clopton, Conrad, Cook, j
Crownmshield, Cutts, Darby,
j port. Dawson, Dickson, Early, Elliot,
\ Eihs, Elmer, Ely, Eppes, Findley, ;
; Fisk, Fowler, Coklsborough, Goodwyn, I
| Given, Ualsey, Hamilton, Hhs
• Meluu-s. lloluiea, Hough, J ck- •
(son, Kelly, Knight, Lewii, M.ic Fur-!
i land. Master?, N. R. Moore, Jer. Mor- |
. John Morrow, Mumford, J. N< '-
I k n. R. Nelson, Ol'm, Pitfttm, Pujli,
Qulm y, Rhea, of Tens Russell, Sadly,
beaver, Sloac, Smilte, J. Smith, Bouth
arei, Stautun, Steaman, Tagjart, Tall
madge, 'l'eaney, Thomas, I. \\ .
'1 h.ompson, Tracy, Tn 5, Van Cort
landt, Van Rehsselaet, Varnufh, Wads
w.rth, J. Whitehill, R. Whitehill,
Wickes, M. N. Willi tins, ;
W'ils )0, and VVim.toi,—B6.
[ V Very iotcrefting H*inphi<'t h«» r«ctr,tly I
naJc its Bppt»r»n.:c, in England entitled I
M An enquiry into the ftate of the rintion *
Popular opinion »fcribe» this r\mphktto*
Lord Hoiland, the newUcwr of Mr. Foi, and
a member of die admiiiiftrut'oa. It cxSl-*
bit* whti uiiy bec»!hJ an »f ths
vieWuof the new Cnhiuet, Bndcpj)C«rt te be
intended to feel the pulle of ti.t nation on
that ruJ!cal change ot meafures v.hich would
fefm to bs in eontemplstijt><i. P-> *ar at we
h*ve pcruf&d it,it appears tc indicate on the
paitef the new KiiniC.rj, a di pofition to
iotfer the tenc wihUi *iurJCtcr»!ed their
preueccffjri, and to be eonttr'»d with
terms of rec'procity with oi er nations.
'I hat pirt of th* p&iaphk: which rtlata* to
PArn iv ATivtyrp.
] the po/ftum depute with u« is pccu'iarljr
ittaort.nr and wotrld feem e> he 'he har
■T r»a freed Underfltii effne between the
twe r.a'ionf. V'e flr 11 in the Gift inftanc*
hy this before our render*:
" having taken a general s'urVeV of
i the present state of our <*nejnC, of his
i allies, rrnd of tfiose p »ers which are.
. " v v" the v hole friend!) to us; it rney
r Ur proper, before coi
ol the subject, »o const.v r the rel
' of Engl ihd with the fe« (dch
I) \c preserved a strict n< utrj n v in
the present Unfortunate toutesr, moro
: j particularly with the United
■ ! Amerka'-Jt.the chief, Indeed the
, j considerable nation of this i" s' rip
" It is the urdferm c i.
, 1 long continued war betw< i
i pal states ot Europe, th
i which take no part in the rv- i
; ertiplo; ed to carry on mil
merce of the belligerc hi i
j th- permission of all parties, an .
; they also engage in bra
which thosebelligerents v rh. ii ;
We, to prohibit. When France
. England, lor example, are at wan,
Custom ofprlyateering, er in gener
• permitting the y"ess< i 0 f the etate to
I capture merchantmen, renders it .
us for the English and been, hi;
< n t i sail as often asdnnn and
'much of the business which they bse»i
i toevrry on must lie transferred to tho
i ntutral merchants, the Danes uf Ame
i ricans. The mere interruptfoupfdii
intercom-. . t | H . |~ Ui^.,.
, imposes the necessity of RdifVitting neu
trals to the ttade which they used to
' carry on together, ,-nd to the ti
which each used to carry on between the
other, and their parties. The admit-,
- t fteutrala i'o ihe former brapch of
j commerce, has .-.. hlom I ■ 1 tc,
except during the heaj of nati
mositv. ..no even then the
directed, not ftgattist tin
against the other bclrgereht. Fhe
' »n of ueuWala to the M* r bran h
of commerce, the carrying trade-of the
[one belligerent between the other and
; third parties, has lee n restricted hi
certain rules, tending to prevent ttio
i,< utral from directly assistii £ the belli
gerent in his hostile operatic n*. Tin
rules have p'rohlbite tfal from
I dtealnrg with Ihe belligerent, ia article*
lmmc c lately subservient to the mi'.b
operations, or as they have thence been
|denomioatcd c ■ b/vxtr, id
to enforce ti is law, a right of
[searching neutral traders at sea has
claimed b y b lltgef-eht powers
on some remarkable occasions; aubroftU
;ed to by the government of th' oeutri l
'{nation. None of these points ai
, present :i subject of , foeussiun. N ither
j the tight of search nor ibeprohjbttionbC
i contraband, nor the power of' bl< ekade,
have tor some time past ' ,i j IL
quest).,it. Rut a branch, of ordirfirv
comm'ei c - has, during the course of th*
present war, p^tsedlnto the ham's of
neutrals, sci important from its extei
M unequally beneficial to the bellige
rents, from its being b nfined chiefly to>
the weaker party, that a disposition h:"*
appeared m the councils of the stronger
I party to dispute the neutral right;
j In no maritime war before the pre*
! lent has it happened, that the fupeiio
j rity of cne party was Jp cecilive as to,
; deprive the other ot every chance of
keeping the lea* England may geneJ
rally h?ve had the better her fleets may
i have gained figmd advantages, and her
j cruiflrs or prrvatecrs hive annoyed the
; enemy's trade But frill France Way not
'fo crippled as to lofe all chance of pro
tect n'g her commerce. She was not 1H
| completely hefet as to view a voyage Sc
a capture with the fame apprehentioni .
| Accordingly her merchants ran the
! rifk, which was not enormous ; and
j continued to freight vefTels for foreign
ports, or to bring home their col,.
produce with the chance, but m>t the
certainty of their b.ing Some
part of this comm re fell mto the
hands of neutral traders : fome part
: was carried on fr uidiiier.t'.y under the
cover of the neutral flaaf, inlt the rifk
| waj not I'uißcient to make the merchant
I rive up the profit oi' diretft traffic on
|Ms own account, with veil U and crew;
and flag of hr, own country. But the
tmpled increale of the Englifh
marine, and the al.noil total ruin of ther
French navy during the lafl and p efetic
Wars, have augmented *he rifle ol cap*
ture to the French trader fo greatl/,
that Iv can n> longer u.idergo it, an I
muft be content to givr dp much o\
trdric to neutrals, 'tid' endeavor t*
frecil therellby frau;!u cut devices.-^-
Th; unprecedented J ng
war, to>. and the renewal ct bod
at'tt r ['■> ibort an int-rval of peace, ha*
increased ftil! farther the inducement or
rather the ncceffity of employing acutra!
nations, in the coirmjerce foitnerly *
ned on by the belligerent alo»c. Fur
a Few years of war the privation nf cer
tain articles of neceluty or luxury
be owiured. j but this becomes a*, bt&crrb

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