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twenty-first day of October shall be commissioned and sworn into office. The members of the legislative council and assembly shall meet for transacting the business of the State on the twenty-eighth day of October next, and continue in office until the first day of October which will be in the year one thousand seven hundred and seventy-seven; on which day, and on the first day of October in each year forever after, the legislative council, assemblv, sheriffs and coroners, shall be chosen by ballot in manner directed by the several laws of this State for regulating elections of members of assembly and sheriff's and coroners; and the general assembly shall meet on the twentieth day of the same month for the transacting the businesss of the State; and if any of the said first and twentieth days of October should be Sunday, then and in such case the elections should be held and the general assembly meet the next day following.
Art. 28. To prevent any violence or force being used at the said elections, no persons shall come armed to any of them; and no muster of the militia shall be made on that day, nor shall any battalion or company give in their votes immediately succeeding each other, if any other voter who offers to vote objects thereto; nor shall any battalion or company in the pay of the continent, or of this or any other state, be suffered to remain at the time and place of holding the said elections, nor within one mile of the said places respectively for twenty-four hours before the opening said elections, nor within twenty-four hours after the same are chosen, so as in any manner to impede the freely and conveniently carrying on the said election: Provided always, That every elector may in a peaceable and orderly manner give in his vote on the said day of election.
Art. 29. There shall be no establishment of any one religious sect in this State in preference to another; and no clergyman or preacher of the gospel of any denomination shall be capable of hold-. ing any civil office in this State, or of being a member of either of the branches of the legislature while they continue in the exercise of the pastoral function.
ART. 30. No article of the declaration of rights and fundamental rules of this State, agreed to by this convention, nor the first, second, fifth (except that part thereof that relates to the right of suffrage) twenty-sixth and twenty-ninth articles of this constitution, ought ever to be violated on any pretence whatever. No other part of this constitution shall be altered, changed or diminished, without the consent of five parts in seven of the Assembly, and seven members of the legislative council.
GEORGE READ, President.
[The following able article, which we copy from the Analectic Maga. zine for 1816, was written shortly after the decease of the illustrious patriot and statesman, whose name and fame, it is designed to commemorate and perpetuate, by a warm personal and political friend of Mr. Bayard; consequently, it bears a decided party aspect; expressed however, we hope and believe, in language not calculated to give offence to any person. Party feeling makes us all more or less unjust, but time and reason are the tests of truth; and when the actors have passed from the stage, and their actions become history, we can look back calmly, and judge impartially, of the motives which governed their conduct.]
JAMES A. BAYARD." The loss of public benefactors is always a national calamity. But there is a period of life when, having performed their allotted task, they stand upon the verge of time, and are ready to sink into the grave, full of years and full of honors. The separation which a grateful country mourns, is deprived of half it sorrows by the reflection that their days of activity were gone. Age which threatens to dissolve the union that has been cemented by mutual benefits and affection, bears with it, in the course of nature, infirmities that impair the ability and restrain the enterprise of man. Living, he is but a monument of former worth; and the grave, which encloses his enervated body; leaves his bright example to excite the imitation, and his unsullied name to receive the respect of after ages. Public affliction seeks in vain for consolation when its object has been arrested in the midst of his career of usefulness: when schemes of national advancement, but partially matured, must be buried with their inventor: when the seeds of public aggrandizement have been profusely scattered, but the harvest remains ungathered: when the course already run-bright and honorable as it has been, is but the moiety of what was destined for its daring efforts: and when, having passed the temptations of early life, and overcome its instability, it yet was far distant from the feebleness of vears; and standing at the happy and enviable medium between youth and age, it united daring, ardent, and adventurous enterprise, with the wariest prudence and most calculating philosophy. Private lamentation is but the echo of national sorrow, and the bosoms that throb for the loss of a parent and a friend, sympathize with the distresses and beat in unison with the hearts of a whole people.
In the meridian of life, died James A. Bayard. A great man's best eulogium is the history of his actions; and a rapid view of the features of his public conduct, and the occasions upon which he was chiefly conspicuous, will serve to recall events that endeared him to his country, and to perpetuate in the nation's memory a con- . sciousness of the magnitude of its loss.
MR. BAYARD was the son of Dr. James A. Bayard, and was born in Philadelphia, in the year 1767. His parents dying while he was yet a child, he was placed under the guardianship of his uncle, the late colonel John Bayard, of whose family he became a member, and with whom he continued to reside for several years. His education was submitted to the care of the reverend Mr. Smith, a most respectable clergyman of Piqua, in Lancaster county; and after remaining with him a considerable time, he resumed his studies in his uncle's family with the assistance of a private tutor. There he continued until he was qualified for admission into Princeton college. In that respectable seininary he passed the important and interesting season of life when the faculties first assert their tone and vigor, and when the mind becomes moulded into the form on which the future character is stamped. His abilities, which did not satisfactorily display themselves until the second or third year of his college life, were rapidly developed. The prompt and energetic, yet deliberating and steady character of his mind, was already conspicuous. He retired from college with distinguished honor, and in the reputation which he carried with him into the more extended scenes of life, he gave a pledge of future eminence which has since been nobly and faithfully redeemed.
In the year 1784, Mr. Bayard having selected the profession of the law as the best adapted to his course of reflection, and the most likely to afford an opportunity for the display of acquirements which his industry and intellectual vigor promised soon to master, commenced his studies with the late general Reed, and upon his death, renewed and successfully prosecuted them under the direction of Mr. Ingersoll, the present attorney-general of Pennsylvania, (1816). On his admission to the bar, he selected the State of Delaware for his place of residence, and the theatre for the pursuit of his professional labors. To this selection the State of Delaware is proud to acknowledge itself, in a great degree, indebted for a political weight in the national councils, which neither its population nor resources, its local advantages nor geographical, extent, could have secured. With a single representative upon the floor of congress, that little State assumed an attitude which commanded the highest respect, and retained an influence and authority which a ten-fold more numerous representation has rarely possessed. His shining qualities disarmed the opposition and overcame the difficulties which a young man necessarily encounters in a strange place; and bis unwearied industry secured the attention that had been liberally bestowed. He soon attained a situation of the most distinguished respectability at the bar, and participated largely in the honors and emoluments of the profession.
Not long after he arrived at the constitutional age, Mr. Bayard was elected a representative to congress, and remained in public life from that moment through all the vicissitudes of party triumph and defeat, until the time of his death. Actively engaged in political and professional duties, he contrived to reconcile their endless varieties, and evinced a rare and happy aptitude for both. At the same moment one of the most conspicuous supporters of the federal administration, and a leader of acknowledged ability in the house of representatives and the chief ornament of the forum, where he had chosen to excel. At once the profound jurist and the accomplished statesman; the acute, ingenious, and dexterous advocate, and the eloquent and dignified occupant of the parliamentary floor. The same efforts of industry, and powers of genius, that qualified and calculated him for superiority in the less magnified but intricate controversies of individuals, readily enabled him to extend his intellectual grasp to the comprehension of more enlarged topics of general interest, which involved the duties and the policy, the happiness and the rights of nations. The study and practice of the law is calculated to add vigor to a mind naturally strong. In a country emphatically subject to the government of the laws alone, the remark is peculiarly obvious and perpetually illustrated; and from the multitude of the professors of that science, who have borne the weight of public councils, and successfully endeavored to ennoble by their efforts the national character, it derives irresistible weight and authority. To Mr. Bayard's early adoption and active and vigorous pursuit of this profession, are to be ascribed, in no unimportant degree, the method of his arguments, and the logical accuracy of his inferences.
. An important occasion for distinction soon presented itself to Mr. Bayard, in the accusation of William Blount, a member of the United States' senate, of high crimes and misdemeanors; and the proceedings which were intended to be preparatory to his impeachment.
On the 3d of July, 1797, a message was communicated by the president to congress, accompanied by a mysterious letter of Mr. Blount's, in which designs were demonstrated prejudicial to the interests and injurious to the character of the country. A commit. tee was promptly appointed, and an impeachment was decreed by the house. Eleven managers were chosen to conduct this whigh constitutional proceeding." Mr. Sitgreaves, who had been originally the chairman of this honorable committee, was appointed a commissioner under the sixth article of the treaty of amity, commerce, and navigation, with great Britain, and the duties of that station devolved on Mr. Bayard. To the articles of impeachment exhibited, the accused pleaded to the jurisdiction of the senate; upon the principle that a senator is not a civil officer, within the meaning of the constitution; and that the courts of common law are “competent to the cognizance, prosecution, and punishment of the said crimes and misdemeanors, if the same have been perpetrated, as has been suggested and charged by the said articles.” The preliminary question growing out of this plea was to be discussed, and the direction of ihis delicate and interesting inquiry, was submitted to the chairman, and Mr. Harper, one of the managers. The subject underwent a laborious and ingenious discussion, in
which the constitution was thoroughly sifted, and the doctrines of the common law of England bearing a remote or close analogy to the point in controversy, were made tributary to the talents of the respective advocates.
The decision was adverse to the managers: a majority of fourteen to eleven senators deciding, what the matter alledged in the plea of the defendent is sufficient in law to show that this court ought not to hold jurisdiction of the said impeachment, and is dismissed.” The efforts were abortive, because the cause was insupportable: but the exertion was not the less honorable, nor the display of genius and erudition the less brilliant, because success did not crown them.
It was the happy and peculiar quality of Mr. Bavard to excite the esteem and command the confidence of both of the great political parties, into which the nation since its independence has been divided. Though always consistent and firm in the course which he had originally adopted, yet he never sacrificed or rendered subservient the cause of his country to purposes of party ambition or animosity. He was a federalist, because he believed that the dear. est rights and best interests of the nation were involved in and promoted by the great system of policy, and course of measures adopt.' ed and pursued by federalists. His acquaintance with history, and knowledge of human nature, convinced him that men must be governed that they may be free and happy. He was opposed to antifederalisın, becanse he thought that the demoralizing and pernicious example of a sister republic had threatened to involve America in the vortex of its contagion: and that a diminished strength of government, and adoption of disorganizing principles, would lead to the result here which he early and confidently predicted with regard to France. But he had no party feelings, distinguished from those of patriotism. He always keenly felt for the sufferings, and gloried in the triumphs of his country: his sensibility was actively and constantly alive to her slightest wrongs; and the interest that he felt not only became matured into the keenest perception of what was due to the nation's honor and advantage, but often grew into a morbid and feverish irritability on points of national feeling and concern.
At an early period of his political career, Mr. Bayard was desig. nated as a proper representative of the character and concerns of the nation abroad. His political sagacity, personal intrepidity, and cool discriminating judgment, could not fail to distinguish him as peculiarly qualified for diplomacy. Accordingly, not long before the close of Mr. Adams' presidential career, he offered to Mr. Bay. ard the appointment of envoy to the French republic. This, from motives of prudence, he thought proper to decline.
Ai the first election of Mr. Jefferson, a most extraordinary scene was displayed. The constitution provides, that "the person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if