The master-doctor solemnly peras'd

His victim's face, and o'er his symptoms mus'd,
Look'd wise, said nothing-an unerring way,
When people nothing have to say,

Then felt his pulse, and smelt his cane,
And paus'd, and blink'd, and smelt again,

And briefly of his corps perform'd each motion; Manoeuvres that for Death's platoon are meant ; A kind of a make-ready and present,

Before the full discharge of pill and potion.,
At length the patient's wife he thus address'd,
Madam your husband's danger's great i
And (what will never his complaint abate)
The man's been eating oysters, I perceive."
"Dear! you're a witch I verily believe,"
Madam replied, and to the truth confess'd.

Skill so prodigious Bobby too admir'd;
And home returning, of the sage inquir'd

How these same oysters came into his head? "Psha! my dear Bob, the thing was plainSure that can ne'er distress thy brain:

I saw the shells lie underneath the bed."

So wise by such a lesson grown, Next day Bob ventur'd forth alone,

The Balance.

Diversity.

BISHOP, in his laft Oration, the review of which we concluded aft week, in recounting the bleffings of Mr. Jefferson's adminiftration, fays,

"Religion and its altars have been fafe." The late deftruction of a meeting-house at Lebanon, (Conn.) by a democratic mob, proves the falfity of this affertion. The American public are too well informed of the facts relating to it, to believe that it was a decent, orderly and legal proceeding; and the following extract of a letter from a perfon refiding near the fpot, will give the reader fome idea of the characters who compofed the mob :

"The deftruction of Lebanon Meetinghoufe has excited a univerfal alarm thro'out this ftate, it being the real fruit of Jacobinifm, the tree that produced it. The following remark of a bye-ftander has prefented us with a ftretch of thought beyond a parallel. As he was gazing with gloomy aftonifhment at the rage of "infuriated man," and the tumbling ruins of the faHell cred walls, he gravely obferved. might now be formed and taken with infinite eafe, for it is totally deferted, and every devil, even to a foot long, is employed here." [Balance.]

" SICK LIST;" FROM WASHINGTON !

66

[Bofon Centinel,]

FRENCH, LIBERTY.

UPWARDS of 1500 military confcripts have been condemned as delerters, within the last month, by the feveral French military commiffions, and have. been fentenced to irons and hard labour.

TERMS OF THE BALANCE,
FOR 1804.

To City Subscribers, Two Dollars and Fifty Cents, payable quarterly.

To those who receive them by mail, Two Dol. ars, payable in advance.

To those who take their papers at the office, in bundles, or otherwise, a deduction from the city price will be made.

A handsome Title Page and Table of Contents will accompany the last number of the volume.

Advertisements inserted in a handsome and conspicuous manner, in the Advertiser which accompa nies the Balance.

tions, the fingle objects of difcuffion and confideration were your freedom and happines.

You well remember the fate of things which again calied forth Walhington from his retreat to lead your armies. You know that he asked for HAMILTON to be his Second in command. That venerable fage well knew the dangerous incidents of a military profeffion, and he felt the hand of time pinching life at its fource. It was probable that he would foon be removed from the fcene and that his Second wouldfucceed to the command. He knew, by experience, the importance of that place

and he thought the fword of America might fafely be confided to the hand which now lies cold in that coffin. Oh! my fellow-citizens, remember this folemn tef timonial that he was not ambitious. Yet he was charged with ambition; and woun. ded by the imputation, when he laid down. his command, he declared, in the proud independence of his foul, that he never would accept of any office, unlefs in a foreign war he fhould be called on to expole his life in defence of his country.This determination was immoveable. was his fault that his opinions and his refolutions could not be changed. Knowing his own firm purpofe, he was indignant at the charge that he fought for place or pow. er. He was ambitious only of glory, but he was deeply folicitous for himself he feared nothing, but he feared that bad men might, by falfe profeffions, acquire your confidence and abufe it to your

ruin.

you.

It

For

Brethren of the Cincinnati-There lies our chief! Let him ftill be our model.Like him, after long and faithful public fervice, let us cheerfully perform the focial duties of private life. Oh! he was mild and gentle. In him there was no offence, no guile. His generous hand and heart were open to all.

Gentlemen of the Bar-You have loft your brightest ornament. Cherish and imitate his example. While, lik, him, with juftifiable, with laudable zeal, you purfue the interefts of your clients, remember, like him, the eternal principles of justice.

Fellow Citizens-You have long wit neffed his profeffional conduct, and felt his unrivalled eloquence. You know how well he performed the duties of a Citizen -you know that he never courted your favor by adulation or the facrifice of his own judgment, You have feen him contending against you, and faving your dear. eft interefts, as it were, in fpite of your. felves. And you now feel and enjoy the benefits refulting from the firm energy of his conduct. Bear this teftimony to the memory of my departed friend, I CHARGE YOU TO PROTECT ILS FAME-It is all he has left-all that thefe poor orphan children will inheit. from their father. But,

my countrymen, that Fame may be a ric treature to you allo. Let it be the telt þ which to examine thofe who folicit you lavour. Dregarding profeffious, view their conduct, and on a doubtful occafiou. ask, Would HAMILTON have done this thing?

You all know how he perifhed. O this laft fcene, I cannot, I must not dwer It might excite emotions too strong for your better judgment. Suffer not your indignation to lead to any act which might again offend the infulted majsity of the laws. On his part, as from his lips, tho' with my voice for his voice you will hear no more-let me entreat you to refpeti yourselves.

And now ye minifters of the everlasting GOD, perform your boly office and commit thefe afhes of our departed brother to the bofom of the Grave!

Editor's Closet.

LIBEL SUITS.
FOOT vs. CROSWELL.

In ftating this cafe, I hope to avoid ev ery thing that looks like exultation. I have no difpofition to torture a fallen foe, particularly when that foe (as in the prefent cafe) was always deemed a contempt. ible one. To me, this controverfy never put on a doubtful appearance. I was cer tain of victory; and I have ever been af tonished at the fool-hardinefs of my antagonift in bringing it to a public iffae.Since, however, he has feen fit to do fo, it is proper that readers fhould know the my

refult. This action was brought to recover damages for the injury done to the reputation of Foot by the following paragraph, pub. lifhed in the 12th No. of the Wasp :~

ity for a fwindler. In fhort, and to "wake no more paper, I do not believe that Foote is a confummate blockhead." This fhort ironical paffage was declared to contain the following charges

ift. That Foot had been a cobler. 2d. That, provided he had a tail, he would look like a monkey.

34. That he was a Swindler. 4th, That he was a confummate block. head.

Foot had the modefty, in opening the caufe, to afk the jury to give him damages to the amount of 5000 dollars; and if the

efendant had failed in making out his charges, and the jury had thought Foot's eputation worth as much, perhaps they would have given him the extent of uis emand But, unfortunately for Foot, nd luckily for the defendant, the charges were either proved, or the jury did not value the plaintiff's reputation fo high as the good man himself. Of thefe things he reader may judge, after perufing the evidence produced in fupport of the charge ffwindling. The two firft charges were difregarded, not being deemed actionable by defendant's counfel; and it was contended that if the fwindling was proved, but little doubt could remain as to the plaintiff's be ing a blockhead.

Defendant admitted the publication.. Mr. G. on the part of the defendant, tefufied, that Foot, while attending a court t feffions in this county, requested witaels one evening to play at cards at Miller's Tavern, in Claverack-witnefs acepted the invitation. Company confifted of Foor, Mefick, M-1, L— and vitnefs. Witnefs and M-! left the table about 12 o'clock. Foot, Melick and Le played all night. L-e was much intoxicated. Before witness and M left the table, faw no cheating. After they left the table, and while remaining as fpectators, witnefs faw Foot and Mefick look into each other's hands frequently. It is confidered foul play to look into each other's hands. Mefick was feated on the left hand of Foot, and on the fame fide of the table-Le on the oppofite fide. The game was Pam-Loo. In this game all who play are adverfaries. Once when Foot dealt, he turned the pam. Mefick and Le flood their hands. Foot threw up his hand. Thofe who flood called in other cards. Mefick, during the fame hand played the p-m and took the money. Witness did not know where dealer's hand was put. Rule of the game is, cards dealt and thrown up, are not to be given out the fame hand. Pam is the best card in the pack. Pam and four other cards of a fimilar fuite, always win the money. A perfon holding Pam is always fate-cannot lofe, but generally wins. Unprecedented play to throw it

up.

To play a card dealt to another, confidered as foul play. At another time Me fick dealt and turned the ten of clubs as the trump card, Le and Foot flood their hands. Mefick threw up his hand. The ten of clubs, which had been turned up as a trump, was fhoved to Foot, who took it up, put it into his band, and played it. At this time Le was much intoxicated. Witness then endeavored to break up the game; and told them" it was as bad as picking a man's pocket to play with fo drunk a man.' Le refufed to quit. Foot and Mefick contin ued playing. Witnefs then left the room

very

Witness loft about 15 dollars at the game of Pam-Loo-he owed Le 17 dollars. Le requested him to pay it to Foot, but in the morning, called on witnels, and told him not to pay it, as he had been. cheated the night before.

John S. Miller, fon of the innkeeper, on the part of the plaintiff, teftified, that he fat by Le and looked in his hand.. Saw no unfairness. Did not fee the affair of the pam. Never faw the pam thrown up in this game. Foot and Mefick frequently dealt for each other. If Mefick dealt for Foot, the latter would take the trump card.

Did not recollect feeing Foot and Mefick look into each other's Lands. Heard G afk Le to quit, but did not recollect that he urged it. Alter G left the room, Mefick wanted to quit. Foot faid he did not care. At this time Le was very noify and a little intoxicated. Le played his own hand; and asked witnefs to take care of his money. When play was ended L-e faid he had loft. When G and M—| quit he had won. Le flood almost every time, on fome hands which witnels would not have confidered good ones.When Le quit he was more fober than when he fat down. Witnefs did not recollect that G faid it was as bad as picking L's pocket. Witness waited upon the company, and brought in liquor. L continued to drink more. than any one round the board. Foot and Le quit about day light.

Mefick, on the part of the plaintiff, tefti. fied, that he was the third perfon who play. ed with Foot and L-e. There was no confederacy. Witnefs was to have none of the money won by Foot. Did not recollect that Foot played more favourably to him than to Le. Did not look in. to Fool's hand, unless accidentally. Did not recollect that Foot gave him the pam Dealt for Foot three or four times. Did not recollect turning ten of clubs. Saw only one circumftance which created any fufpicion of unfair play in Foot. This was-Wilne's dealt and threw away three cards, all pades, and took in two spades. and one heart. Foot took up the three Spades which he had difcarded, and held them out to him, as he thought, for him to take them; but witness pushed away his arm, and Foot dropped the cards. If witnefs had taken the cards offered him by Foot, they would have made a flush, and would have won the money, but not fairly. Winefs loft 9 or 10 dollars at that game. Thought Foot had won 40 or 50 dollars of L-e at the time he and L. e were plaving.

Mefick, on being again called, faid he recollected fome fuch expreffion as that ufed by G, and felt, forewhat hurt by it. He difavowed all former acquaintance with Foot. Had never been in his

company ten minutes before that time.— They had been in the habit of throwing the trump card on the table that evening, as Le was near fighted.

MI teftified, that he was alfo pref. Ment, at the time. Left the table with Gand the room a little fooner. Did not recollect the circumftance of the pam. Saw the tranfaction with refpect to the ten of clubs. Foot held the hand dealt to him Mefick dealt and turned the ten of clubs, and threw it on the table. Foot took it up and played it. Mefick threw up his hand. Le, on being asked if he stood, faid he always flood. Witnefs tho't, at the Rofe from the table,

time, it was a cheat.

and met G— at the window. G— asked "Did you fee that ?" referring to the ten of clubs. Witnefs advifed G to get Le away from them. Gwent to him, but he refufed to leave the table. G-, while at the window, expreffed the fame lentiments as at prefent. On M-l's being asked if Mefick did not deal for Foot, when the ten of clubs was turned, he said he did not recolle&t. He had an impreffion now, tha Mefick threw up his hand firft; but whether he got this impreffion from a fubfequent converfation which he had with Melick, or whether he had it at the time, he did not know; thought, howeve, he could not have had it at the time, as he then confidered it as a cheat; if, on the contrary, it had been Foot's deal, Melick would have been right in throwing up firft, and the trump card would then have belonged to Foot."

"Here ended the evidence.

weigh the negative teftimony of all the reft. In the prefent cafe, the evidence for the defendant was of the positive kind-that for the plaintiff, of the negative. All the tet timony, however, went to prove one fact, (viz.) that the plaintiff, while diftrict Attorney, and while attending court in that capacity, did play at cards for money all night, and with an intoxicated man. Tho' this teftimony alone would not make out the charge of fwindling, yet it proved the

and reprehenfible. But to make out the charge of fwindling teftimony had been adduced. One witnefs who was prefent teftified that he faw feveral tranfactions of the plaintiff, which are deemed foul play. Another witness fupports this teftimony in part.. On the other hand, a witnefs teftifies that he faw none of these transactions, and difavows all confederacy with the plaintiff

this witnefs, however, faw a different tranfaction, which he confidered, at the time, as an attempt to cheat. Another witnefs fays he did not fee any cheating. The jury would judge, whether this teftimony, taken all together would prove the first charge. It was alfo for the jury to decide whether the proof of this charge, would make out a juftification of the fecondwhether it could be any injury to the reputation of the plaintiff to fay he was incapable of performing the duties of his office, if it fhould appear that he had rendered himfelf unfit for it, by the crime of fwindling. The judge here adverted to another impor tant circumftance. He ftated to the jury that it was the duty of the plaintiff, as dif

I fhall not even attempt to give a sketchtrict attorney, to take notice of, and comof the arguments of counfel.

plain of all breaches of the law which should The judge, in his charge to the jury, stat- come within his knowledge in his diftrict ed that, as the first and fecond charges were -that it was a public offence, punishable not deemed actionable, unlefs fpecial dama- by law, for a tavern-keeper to permit gamges could be made out (and this had not been ing in his houfe-that, nevertheless, it apattempted) the jury would throw them enpeared from all the teftimony before the tirely out of view. The publication of fuch jury, that the plaintiff had knowledge of an charges, he said, was an indictable offence, aggravated breach of the law in this ref. and, as far they related to the natural defects pect, and had neglected to take that notice or infirmities of a man, it was no juftifica- of it which his duty required. This falt tion to lay they were true. The only charg-proved a neglect of duty; and the jury es that now came fairly before the jury, were Firf, that the Plaintiff had been guilty of the crime of fwindling-fecond, that he was incapable of performing the duties of his office; and it thefe charges had been fully fubftantiated, a juftification was made out. The judge then proceeded to explain to the jury, the difference between pofitive and negative teftimony. It fix perious are together, in a room, one of the fix may fee a tranfa&tion which may efcape the notice eball the other five. All may teftify ac cordingly, and yet all teftify correctly. One mal fay he did fee the tranfaction-the other find may fay they did not fee it. The one fwears pofitively-the others negatively; and it all are of equal credibility, the poli tive teftimony of the one is enough to out

would judge whether this neglect would make out the charge of incapacity. He closed his charge, by observing, that if the jury considered the charges as fully proved, they would by their verdict, say that the defendant had done nothing for which he ought to render damages to the plaintiff; but thar, as a verdict for the defendant would in fact convict the plaintif of the crime of swindling, and would be destructive of his reputation, and ruinous to his wel fare as it would not only drive him from his pres ent office, but would also prevent him from practis. ing as an attorney in any of the courts, he tho't it advisable, if the jury could satisfy their consciences, to lean to the side of mercy, and give nominal dam. ages to the plaintiff.

The jury retired, and after being out 3 or 4 hours, returned a verdict, for the plaintiff -six cents damages, and six cents cost.

I am compelled, for want of room, to omit all remarks on this case and several other closet articles, until next week.

26th June, 1804.

SIR) 1 I have communicated the letter which you did me the honor to write to me of this date to Gen. Hamilton. The expectations now difclofed on the part of Col. Burr appear to him to have greatly extended the original ground of enquiry, and inftead of prefenting a particular and definite cafe for explanation feems to aim at nothing lefs than an inquifition into his moft confidential converfations, as well as others, through the whole period of his acquaintance with Col. Burr.

While he was prepared to meet the particular cafe fairly and fully, he thinks it inadmiffible that he fhould be expected to answer at large às to every thing that he may poffibly have faid, in relation to the character of Col. Burr, at any time of upon any occafion. Though he is not confcious that any charges which are in circulation to the prejudice of Col. Burr have originated with him, except one which may have been fo confidered, and which has long fince been fully explained between Col. Burr and himfelf-yet he cannot confent to be questioned generally as to any Tumours which may be afloat derogatory to the character of Col. Burt without fpecifications of the feveral rumours, many of them probably unknown to him. He does not however mean to authorise any conclufion as to the real nature of his -conduct in-relation to Col Burr, by his de clining fo loafe and vage a bafis of explanation, and he difavows an unwillingness to come to a fatisfactory, provided it be an honorable, accommodation. His objection is, the very indefinite ground, which Col. Burr has affumed, in which he is forry to be able to difcern nothing fhort of predetermined hoftility. Prefuming thereiore that it will be adhered to, he has inflrusted me to receive the meffage which you have in charge to deliver.

this purpofe I fhall be at home and at your command to morrow morning from eight to ten o'clock.

I have the honor to be respectfully
your obedt. fervt.

SIR,

No. X.

The letter which I had the honor to receive from you, under date of yesterday, ftates among other things, that in General Hamilton's opinion, Col. Burr has taken a very indefinite ground, in which he evirces nothing fhor of predetermined hofti ity, and that Gen. Hamilton thinks it inadmiffible that the enquiry fhould extend to his confidential as well as other converfations. In this Col. Burr can only reply, that fecret whispers traducing his fame, and impeaching his honor, are, at leaft, equally injurious with flanders publickly uttered: That G. H. had, at no time, and in no place, a right to ufe any fuch injurious expreffions; and that the partial negative he is difpofed to give, with the refervations he wishes to make, are proofs, that he has done the injury fpecified.

Col. Burr's request, was in the first inftance, propofed in a form the moft fimple, in order that Gen. Hamilton might give to the affair that courfe to which he might be induced by his temper and his knowledge of facts. Col. Burr trufted with confidence, that from the frankness of a loldier and the candor of a gentleman, he might expect an ingenuous declaration. That if, as he had reafon to believe, Gen. H, had ufed expreflions derogatory to his honor, he would have had the magnanimity to retract them; and that if, from his language, injurious inferences had been improperly drawn,he would have perceived the propriety of correling errors, which might thus have been widely diffufed. With thefe impreffions, Col. Burr was greatly furprised at receiving a letter which he confidered as evafive, and which in manner he deemed not altogether decorous. In one expectation, however, he was not wholly deceived, for the clofe of Gen. Hamilton's letter coprained an intimation that if Col. Burr fhould diflike his refufal to acknowledge or deny, he was ready to meet the confequences. This Col. Burr deemed a fort of defiance, and would have felt juflified in making it the basis of an immediate meffage. But as the communication contained fomething concerning the indefinitenefs of the requefl; as he believed it rather the offspring of falfe pride than of reflection, and as he felt the utmoft reluctance to proceed to extremities, while any other hope remained, his request was repeated in terms more explicit." The replies and propofitions on the part of Gen. Hamilton have in Col. Burr's opinion been confiantly in fubftance the fame.

Col. Burr difavows all motives of predetermined hoftility, a charge by which he thinks infult added to injury-He feels as a gentleman fhould feel when his honor is impeached or affailed, and without fenfations of hoftility or withes of revenge, he is determined to vindicate that honor at

Wednesday morning,

June 27th, 1804.

With this letter a message was received, fuch as was to be expected, containing an invitation, which was accepted," and Mr. P. informed Mr. V. N. he should hear from him the next day as to further particulars. V

This letter was delivered to Gen. H. on the fame evening, and a very fhort conver fation enfued between him and Mr. P. who was to call on him early the next morning for a further conference.-When he did fo, Gen. Hamilton 'faid he had not underflood whether the meffage and anfwer was definitely concluded, or whether another meeting was to take place for that purpose between Mr. P. and Mr. V. N. Under the latter impreffion, and as the laft letter contained matter that naturally led to animadverfion, he gave Mr. P. a paper of remarks in his own hand writing, to be communicated to Mr. V. N. if the ftate of the affair rendered it proper.

In the farther interview with Mr. V. N, that day, after explaining the caufes which had induced Gen. Hamilton to fuppofe that the ftate of the affair did not render it improper, he offered this paper to Mr. V. N.-but he declined receiving it, alledging, tha he confidered the correfpondence as clofed by the acceptance of the meffage that he had delivered.

Mr. P. informed Mr. V. N. of the inducements mentioned by General Hamilton in' thofe remarks, for the poftponing of the meeting until the clofe of the Circuit; and as this was uncertain Mr. P. was to let him know when it would be conven. ient.

On Friday the 6th of July, the Circuit being clofed, Mr. P. gave this information, and that Gen. Hamilton would be ready at any time after the Sunday following. On Monday the part cufars were arranged, and the public are but too well acquainted with

the fad refult.

The paper above alluded to is as fol. lows:

No. XI. Remarks on the latter of June 27, 1804. Whether the obfervations on this letter are defigned merely to juftify the result