Читать книгу Complete Works - Hamilton Alexander - Страница 22

Pleas before the Honorable The Judges of the Circuit Court of the United States in and for the District of Pennsylvania in the Third Circuit at Philadelphia.

BE IT REMEMBERED that at a Circuit Court of the United States holden at the City of Philadelphia in and for the District of Pennsylvania in the Third Circuit on the Eleventh Day of October A.D. 1800-and in the twenty-fifth year of the Independence of the said United States Before the Honorable William Paterson one of the associate Justices of the Supreme Court of the United States and the Honorable Richard Peters Judge of the District Court of the United States in and for the said District assigned to hold the said Circuit Court -- by the oaths of John Jones -- John Dunlap -- George Plumstead -- John C. Stecker -- John Miller Jun -- John Leamy -- George Bickham -- John Curwen -- Anthony Hearn -- Derick Petersen -- John Holmes and John B. Gilpin -- And by the affirmations of Edward Garrigues Nathan Schoefield and Cadwallader Evans -- good and careful men of the said District -- then and there impannelled sworn or affirmed and charged to enquire for the said United States and for the Body of the said District --

IT IS THUS PRESENTED.

In the Circuit Court of the United States of America in and for the District of Pennsylvania of the Middle Circuit --

THE GRAND INQUEST of the United States of America in and for the District of Pennsylvania upon their respective oaths and affirmations. Do Present that William Duane late of the District of Pennsylvania aforesaid Yeoman on the nineteenth day of February in the year of our Lord One thousand eight hundred at the District aforesaid he being a malicious and seditious man and also wickedly deceitfully falsely and maliciously contriving to Detract scandalize and vilify and to represent the Senate of the United States of America in Congress assembled as actuated by factions and improper views and motives, as governed by Intrigue and the influence of private secret meetings as unfit to be trusted with the duties and high authority appertaining to the Senate of the United States aforesaid and to bring the said Senate and many of the members thereof into an ill opinion hatred and contempt with all the good Citizens of the said United States and to represent the said members of the Senate aforesaid as corrupt persons, and for the purposes aforesaid the said William Duane did at the District aforesaid the day and year last aforesaid with Force and arms wickedly falsely and maliciously print and publish and cause to be printed and published a certain false scandalous and malicious libel following -- to wit --

PHILADELPHIA -- Wednesday, February 19, 1800.

"In our paper of the 27th ult. we noticed the introduction of a "measure into the Senate of the United States by Mr. Ross" ( James Ross Esquire a Senator of the Said United States for the State of Pennsylvania meaning) "calculated to influence and affect the approaching Presidential Election" (meaning the Election of President of the United States) "and to frustrate in "a particular manner the wishes and interests of the People of "the Commonwealth of Pennsylvania" -- in which Said Libel of and concerning the said Senate of the United States, and many members thereof, and of and concerning a certain Bill introduced into the said Senate is contained among other things, diverse scurrilous false feigned seditious and malicious matters according to the tenor following to wit -- "the opponants of In"dependence and Republican Government who supported Mr. " Ross, in the contest against Governor McKean are well known "by the Indecency, the slander and the falsehood of the meas"ures they pursued -- and it is well known that they are all de"voted to the Federal Party which we dissected on Monday -- "Mr. Ross" ( James Ross Esquire member of the Senate of the "United States for the State of Pennsylvania meaning) "proposed "this Bill in the Federal Senate (how consistently with the "Decency of his Friends will be seen), a committee of five was "appointed to prepare a Bill on the subject on this committee "Mr. Pinckney of South Carolina was appointed on Thursday "morning last (the Caucus held the preceeding Evening) "Mr. "Ross" (the said James Ross Esquire Senator as aforesaid meaning) "informed Mr. Pinckney that the Committee had "drawn up a bill on the subject" (meaning thereby that James Ross Esquire Member of the Senate of the United States for the State of Pennsylvania had informed Mr. Pinckney a member of the said Senate from the State of South Carolina) "that the "said Committee of the said Senate had drawn up a bill on the "subject of their said appointment when in fact Mr. Pinckney "had never been consulted on the subject though a member of "the Committee the Bill was introduced and passed as below."

And the said William Duane in the said Libel inserted in a certain newspaper called Aurora General advertiser -- did then and there print and publish of and concerning the said Senate and the members thereof among other things diverse false scandalous and malicious matters according to the tenor following to wit: "On this occasion it may not be impertinent "to introduce an anecdote which will illustrate the nature of "caucuses and shew that our popular government may in the "hands of a faction be as completely abused as the French "Constitution has been by the self-created Consuls."

"In the summer Session of 1798 -- when federal thunder and "violence were belched from the pestiferous lungs of more than "one despotic minion a caucus was held at the house of Mr. "Bingham in this City" (the house of William Bingham Esquire member of the said Senate for the State of Pennsylvania meaning").

It "was composed of members of the Senate and there "were present seventeen members -- The Senate consisting of "32 members this number was of course a majority and the "session was a full one --

"Prior to Deliberation on the measures of war, navy, army, "Democratic proscription, &, &, it was proposed and "agreed to that all the members present should solemnly "pledge themselves to act firmly upon the measures to be agreed "upon by the majority of the persons present at the Caucus.

"The measures were perfectly in the high tone of that extraordinary Sessions. But upon a division of the caucus it was "found that they were divided nine against eight. This majority however held the minority to their engagement, and the "whole seventeen voted in. Senate upon all the measures discussed at the Caucus

"Thus it is seen that a secret self-appointed meeting of 17 persons dictated laws to the United States and not only that nine "of that seventeen had the full command and power over the "consciences and votes of the other eight, but that nine possessed "by the turpitude of the eight actually all the power which the "Constitution declares shall be vested in the majority only.

"In other words a majority of nine members of the Senate "rule the other twenty three members.

"It is easily conceivable, as in the recent changes in France "that this spirit of Caucusing may be conducted in progression "down to two or three persons, thus three leading characters may "agree to act upon measures approved by any two of them"these three may add two others, and they would be a majority "of five, and those adding four others would be a majority of "nine, and this nine possess all the power of a majority of 23 ! !"

"Yet such is the way we" (meaning the Citizens of the United "States) "are treated by those who call themselves Federalists" (meaning the said Senate of the United States and the aforesaid members thereof) "The following Bill is an offspring of this "spirit of Faction secretly working (in the Senate of the United " States meaning) and it will be found to be in perfect accord "with the outrageous proceedings of the same party in our State "Legislature who are bent on Depriving this state of its share "in an election that may involve the fate of the Country and "posterity --"

And the said William Duane afterwards to wit -- on the nineteenth day of May in the Year of our Lord One thousand eight hundred at the District aforesaid in a certain newspaper called Aurora General Advertiser of which he the said William was then and there the publisher did wickedly print and publish a certain false scandalous and malicious Libel and did then and there cause to be published a certain false scandalous and malicious Libel of the Senate of the said United States and of the members thereof in which said Libel among other things is contained diverse false scandalous and malicious matters according to the tenor following to wit -- Monday May 19, 1800.

"Parties -- We sometime since gave an analysis of the Parties "which prevail in the United States under the general object of "their Union and Designs -- These we then divided into Re"publicans the friends of the President and the followers of

"Alexander Hamilton since the late explosion in the cabinet "some carnal changes have taken place as the Senate (of the "United States meaning) has been the principal Focus of the "antirepublic parties we now give a statement of the parties as "they stood in the Senate (the Senate of the United States mean"ing) upon the close of the Session. They are thus designated "Republicans -- consisting of a firm body of men devoted to our "form of Government. Aristocrats, consisting of two descrip"titions or factions devoted to men and measures hostile to our "form of Government, beside these there are a few who trim be"tween the different parties with which they occasionally act," and the said William did then and there in the said Libel print and publish the following false scandalous and malicious things of the said Senate and the members thereof falsely and maliciously according to the tenor following to wit.

"Light as such insignificant beings as Fenno are in the scale by them the weight and bias of Political parties, are oftentimes "clearly discovered -- And it is now more obvious than ever that "what is now called the Pickeronian party was the ruling and in"fluential body which set in motion all the intrigues and it may "be said without exaggeration, all the downright villany that has "been practiced for a long time let any man examine the charac"ters which compose Faction and can there be any difficulty in "forming a decisive opinion -- Let the measures of only the last "Session be examined and it will be found that the Pickeronian "Columns either led or directed every obvious measure which "has been brought forward."

"The attempt to encrease the at present excessive salary of members of Congress was made by Goodhue" (meaning Benjamin Goodhue Esquire a member of the Senate of the said United States from the State of Massachusetts). "That audacious "attempt to introduce a fourth Branch in the Government was "originated by Ross" ( James Ross Esquire member of the said Senate for the State of Pennsylvania meaning). "The Star "chamber proceedings by Dayton and Tracy supported by Read" and the said William did then and there in the said newspaper falsely scandalously and maliciously print and publish of the said Senate and the members thereof the following false scandalous and malicious words and matters following to wit -- "The system "of speculation has been deeply interwoven with their views" (meaning the said Senate and the members thereof and their views) "pecuniary and personal aggrandizement subserviency to British machinations and the most fatal of all the sacrifice of "some of our own states through factious hatred and revenge. "In the Interdiction of our trade with france, the southern States "alone were vitally affected, while the Eastern were secured by "artful provisions. The Eastern States to which such large boun"ties are given from the national coffers to stimulate and encour"age their maritime industry were sedulously guarded, while the "planting states were thrown at the Mercy of British Monopoly "and cut off from the best market in Europe."

And the said Inquest upon their oaths and affirmations respectively Do further present that the said William on the second day of May in the year last aforesaid at the said District did print and publish a Libel in which was contained among other things the following false scandalous and malicious matters and expressions of and concerning the Congress of the United States and also the Directors of the Bank of the United States as follows -- "We have before us a very able and an "energetic exposition of our funding System, it is from the "Pen of one of the most original and forcible writers of the "present day, a writer who when he confines himself to "measures and facts illuminates instructs and informs more "than any of his contemporances it is the author of the Political progress of Great Britain. The following is an ex"tract from a work now in the Press by that able writer. On "March 2d 1791, the Act past for incorporating the Hamilton "Bank -- The Tenth Section says that 'neither shall the said "corporation take more than at the rate of six per centurn per "annurn for or upon its loans or discounts.' The Constitution gives Congress no power to regulate the interest of money. "But if they did make such a rule they should have paid some "attention to the getting of it observed. Instead of this the "following practice is said to be common in Philadelphia -- The "Bank refuses to discount at the regular price -- you then apply "to a broker who is in correspondence with one of the directors "of the Bank (meaning one of the directors of the said Bank of "the United States) through him" (meaning one of the said directors aforesaid) "you receive Bank notes, at two or three per "cent per month and the Broker and the Director" (meaning the "Directors of the said Bank as aforesaid) "divide the spoil -- "Congress takes no cognizance of this practice so disreputable "in itself and so destructive to Commerce nay, several of its "members are Directors each has a Credit with the Bank for at "least thirty thousand Dollars. The Directors are twenty"five in number. The sum total of their personal credit comes "by the smallest computation to seven hundred and fifty thousand dollars At Three per Cent per month that sum gives two "hundred and seventy thousand Dollars a year to the Directors "payable monthly whereas by the Charter of the Bank the bor"rowers are entitled to an equal quantity of Bank notes for one "sixth part of that money. In the affair the blame does not fall "upon the Brokers, but upon the Directors" (meaning thereby the "Directors of the said Bank) "who practice and the Congress" "(meaning thereby the Congress of the said United States)" who suffer such extortion. The Silence of the Republican party "in both houses upon this Subject places in a strong light the "negligence with which they perform their Duty."

To the Great scandal of the said Senate and Congress of the said United States of America and by the said members of the said Senate and Congress who are in the said Libel aspersed, to the evil example of all others in the like offending against the form of the Act of Congress of the said United States in such case made and provided against the peace and Dignity of the said United States.

JARED INGERSOLL, Attorney of the United States for the District of Pennsylvania --

And thereupon the said William Duane saith that he is not guilty of the Premises in the said Indictment above specified and charged upon him and of this he puts himself upon the County and Jared IngersollEsquire the Attorney of the United States in and for the said District doth the like --

And the said William Duane prays leave to Imparle therein here until the Eleventh day of May next and he hath it. The same day is given to the said United States. At which Day to wit the Eleventh day of May Anno Domini One thousand eight hundred and one, the aforesaid William Duane -- comes into Court and prays leave further to imparle therein here until the Eleventh day of October next and he hath it.

The same day is given to the said United States. Afterwards to wit on the twenty-eighth day of July A.D. one thousand eight hundred and one. The United States by Alexander James Dallas Esquire, their attorney come and say that they will no further prosecute.

UNITED STATES DISTRICT OF PENNSYLVANIA

I CERTIFY the foregoing to be a true and faithful copy of the Record and Proceedings in the Circuit Court of the United States in and for the District of Pennsylvania in the Third Circuit on a Certain Indictment for a Libel against William Duane.

IN TESTIMONY whereof I have hereunto subscribed my name and affixed the seal of the said Circuit Court at Philadelphia this twenty-eighth day of June A.D. 1803, and in the Twenty-seventh year of the Independence of the said United States.

D. C. ALDWETZ, Clk.

UNITED STATES DISTRICT OF PENNSYLVANIA

I CERTIFY that the foregoing attestation is in Due form of Law.

RICHARD PETERS

One of the Judges of the Circuit Court, U. S.