with the approbation of their client, refused to appear thus shackled, and their letters of refusal, being published in the newspapers, produced great effect. The Senate proceeded; but the Printer, by absconding till after the session was over, avoided the punishment intended for him.

The House of Representatives had, on a former occasion, inflicted punishment for what they styled a breach of privilege; but this had not reconciled any man of sense to the proceeding. It was, indeed, a seditious miscreant that the Senate would, in this instance, have punished; yet, his punishment might have formed a precedent for the punishing of many an innocent and meritorious man; therefore, I, amongst many others, regretted to see the Senate, which was, unquestionably, the most reputable assembly in the United States, have recourse to such a mode of maintaining its character, and of sheltering its proceedings from false and malicious animadversions. The Senate was never a very popular body; it was always regarded, by the great mass of the people, with a jealous eye. This attempt added to unpopularity, and cast on it an odium, which it will not easily wipe off.

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Men," said a writer, on this occasion, "whatever may be their political principles, to whatever party they may belong, and however far they may, for a time, be hurried out of the path " of truth and integrity, will all, in the moment " of reflection, condemn whatever is contrary to "the principles of civil liberty, which is the

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greatest blessing that society affords. Americans " have been educated in the e principles From habit, from reason, from a love of security, they look upon a Judge and Jury as indispensably necessary to the inflicting of just punishment. "Of what avail is it, that mein are said to be " juged by their peers, if there exists a power, any where,

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"where, to punish them without that sort of "trial? I am an humble admirer of the Senate;

they have saved us on many occasions; to them it is that we owe the peace, which we at this moment enjoy; it is not, therefore, from any dislike to that excellent assembly, nor from any "disrespect to any of its members, that I scruple "not to assert, that, if they have a right to exercise a criminal jurisdiction, we live under a "despotism, during the time that they are in

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session. Their plurality, their proceeding by "vote, change not the nature of their power, or " of the punishment they inflict. That assemblies

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can be as foolish, as capricious, as wicked, as unjust, as cruel, and as inexorable as individuals, the history of the world, and particularly of latter times, furnishes us with proofs in abundance. I, therefore, repeat, that, wherever there is an assembly, which is a judge in its own cause, and which can, without any control, inflict "punishment on any citizen, there is, during "their session, no real liberty. But, if such a

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species of jurisdiction be odious in any assembly " whatever, how odious and how preposterous is it " in an assembly, the members of which call "themselves the Representatives of the People!

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That the representatives of the people should be protected from slander, is most certain; but, it "would be very difficult to assign a reason, why they should have any other protection than that which is enjoyed by the people whom they represent. The President's reputation is, surely, as dear to him, and to the citizens at large, as "that of the other branches of the Congress can possibly be; yet has he no power to act as judge in his own cause, and arbitrarily inflict punishment on those that offend him. If he be

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must come into the courts of justice, make his appeal to the laws, and abide by the decision of a jury and the sentence of a judge. The members of the two Houses of Congress are, by the express letter of the constitution, exempted from punishment, and even from prosecution, crimi

nal or civil, for whatever they may utter in their "places in the legislative chambers. This is " their lawful privilege; but, while they are thus

sheltered, to barricadoe themselves further, by a " criminal jurisdiction in their own cause, is an assumption of power unknown to the law of the land, a gross violation of every principle of civil liberty, and an abuse, which no good man can "wish to see continued."

Such were the sentiments, not of the democrats, but of the best friends of the Federal Government, who thought, and very justly, that every attempt to exercise arbitrary power, however the proceeding might be fortified by precedents, would not fail to excite discontent. If the Senate wished to preserve their own dignity and influence, and the respect of those who may properly be called the people; if they wish to remain what they hitherto have been, the guardians of the American government and nation, they will never again attempt to exercise a power, the very possession of which must ever render them objects of hatred.

During this session, the democratic party moved a resolution for disbanding the twelve new regiments, which had been voted, and partly raised,

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account of the rupture with France. This measure was, at first, opposed by the federalists; but, before the end of the session, the lower house passed a bill authorizing the President to disband the regiments, if he judged the measure prudent and necessary, during the approaching recess. This

bill amounted to a disbanding of the army; because it was well known, that Adams, who was now laying in a provision of popularity against the ensuing election for President, would issue orders for disbanding the moment the Congress adjourned. The Senate saw this very clearly, and resolved to defeat his project. When, therefore, the disbanding bill came before them, they amended it so as to name a day for its certain operation, and thereby deprive the office-hunting Adams of the merit which he expected to derive from the exercise of his judgment in the business.

A bill was brought in, during this session, for making officers and soldiers amenable to the law of arrests for debt, from the operation of which law they had been hitherto exempted by the acts in consequence of which they had been raised. The bill, now proposed, ran thus:

"Be it enacted, &c. That if any person who " shall have enlisted, or hereafter may enlist, as a *"non-commissioned officer or private soldier, in

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the service of the United States, shall, prior to his enlistment, have been taken in execution, or "arrested for debt, or contract, and committed to prison, and at the time of his enlistment, as aforesaid, be holden in prison by virtue of said "execution or arrest, such person shall not be discharged from his imprisonment in consequence of his enlisting as aforesaid and in case any such person, arrested as aforesaid, and prior to his enlistment, shall have given bail, and at "the time of his enlistment, his bail shall not have "been discharged in due course of law, it shall " and may be lawful for the bail to take such measures for his or their discharge, as he or they might have taken if the principal had not been "enlisted in the service of the United States:

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" and in case the principal shall be surrendered up by the bail, he shall be holden in like manner, as if he had not been enlisted as aforesaid; any " law or laws to the contrary notwithstanding."

That any thing contrary to the law here proposed should have been tolerated in a country where the common law of England was in force, will astonish every one, who has imbibed just notions respecting property; and I beg every Englishman to compare the military law of the United States with that of England.

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It was urged by the federal party, that the rescinding of the provision in favour of the army, would be a breach of the contract, which the government had made with those who composed that army, a great part of whom," said MR. OTIS, have probably entered into the service for the benefit of the provision now about to be re"scinded." This gentleman certainly spoke truth; but, as the truth is not to be spoken at all times, he raight have suppressed it here; for, a truth more dishonourable to the army and the country could not have been promulgated by their most bitter enemy. The bill was lost by a great majority, and the army thus continued to be, what it hitherto had been, a sanctuary for fraudulent debtors.

Another bill was brought in respecting the army, the necessity of which bill ought never to have existed. Its object was to prevent the military from appearing in great bodies at elections, and from overawing the people, and influencing their votes. The scenes of this sort, daily exhibited in the United States, clearly proved that the notions of the people, respecting the precious " elective franchise" were but very feeble and

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