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I- e r - a r i J - -• .ni -■■■ - .- . ^ •>*^. 8 % '■ %r r i> CATSSILL, (NEW^YORK :)-i»UBLISBBD BY RiACKAT CROSWELE. [VOL. li.] M O N D A T , February 17, 1806, f N o , vsl ANSWER, OF T H E MOUSE OF A S S E M '^LY, T O H IS EX CELLENC Y T H E GOYEENO r ’ s SPEECH. thg mod ijhpleafant fentations, and to com- nnand the mod ferious attention. And we confidently hope that the general government, judly iffipiefled with itJS importance to the revenues^ commerce and general prbfperity or the country, will w ithout heiitation apply an ample portion of the refources which they fd largely derive from it, to its prote£liO» and defence. We unite with yoUr excellency in deplor ing the prevalence of malignant fever in our ‘ - principal ciry dtiring the lad autumn, and we M view wlfh great rolicit^idc'ltn^ fhail cordially promj'Jte fucb meafures as may tlir<^»^crilug 4i|)c£l: of our foresgii - he deemtsd eifehtiarto prevent the recurrence Wo his EbiceUeney Morgan LekviSy Efq, Gov. ernor of the State o f Neior 'I'ork* SIR Peace is the IJnited\ ft X3 agreeable to the inclinations -and Coijdncivc to the bed interefts of our citizens. They with to preferve a friendly inrcrcourfe with all the beligercnt powers of Rurope, to avoid mingling in their difputes, or purfutng any meafures which can give juft caufebf oSence. The government of the Union adopting this pacific difpofitlon of its citizens, has, on all occafions and towards ail nationsobferved the moft Scrupulous neutrality. So fincere and fo ftrong lias been its defire for pe^ce, that 2t has fubmitted to adls inconfiftent with its lights and repugnant to the feelings of the nation. There are. however, limits to our forbearance, beyond which injurici^- and io- fuhs will not be endured. We agree with your excellency dlaf ^in** ciplcs unknown to the law of nations have been recognized and enforced in the prize courts of one of the belligerents, tic diredt tendency of which is, the deftrudfidn of our commercial pTofperity and moftof the advan tages which we derive from a ftate of p ace : and we hear with approbation from the Pre- fident of the United States that the right? which have been violated by thofid dccifioas are too evident and too importantto be fur* yendcred.^' • Repofing the bigheft confidence ih the wif- dom, the virtue, and the patriotifm of that cllftinguifbed ftatefman who now ^aides the executive afiPairs of our country, rely on him , and on congrefs to adopt fuidb-features, to vmaicate o u t titc^onai rights and ntmor as they (hall judge proper that deliVudH^e difeafe, W c are happy to learn from yciur excel lency the- progrefs of military improvement in a conliderable feftion of the militia. The neceffity of ibeing provided at all times and particulaTty at the prefent critical period, with a fufficient quanuty of arms and rniiita f r ^ ^ i . . ^'C2-me after him the next mbrhing very car^l ing was dif 'cvere*- or faid on Thutflayeven faid he was undone and cried 5 he faid hef ing shout the feyT of the cldid fiozen. had whipped the child to death, and oftered | th,-it the girl weH and hearts btfoie to give him all he was worth |f the dod^or- would fave the child, and would keep it fe et^, They went together to the prironer^a. bdufs ; he faw the back of the child, and ad^ vifcd to fetid for two otht r phyficiios i the p'f foner confefiTed to hi!!.' that he had .gotten fcigbt beech fticks, and trimmed them out arid fuppled them in the fire, and faid he did fhhik hf was then going to whip her to whipping 5 the girl all the tisT.e the fpa-.e ofiffic Ccycn whipid/igs^ pfonodisce the lyord -gigy and fhs prifo-er never told her how to pronounce it ti|| the feyenth 4 ieie ; the witnefs has feen beech -fticks bu&ed add worn up, and luppofed them lO be me 5 that the piiloner was out with the near hair afii hour t~hy» tiik tim e; f e t -- -• - * dipping Was bevond^ tbs fie confefed^that he took her out three I wood-pil^ 3^?*^ heard no c r ^ f t * iriutesj bec^iife -was obfiinatd. and wmtd-,; the d yfieV not fpell, and that it wa^ ^doae iadfie..evcn-| cried,>.th^ he he<^Ln ti ing of Thhrfday the loth. The cloaor faid,j wUp^ and whi|c;*ai:.dupper -p:f^iiminced the that on exanfination of her, he found the | word gig right f t t o the girl wa^ parity high\ child cot and -mangled {hockingly from and partly low Dutch 'th.it the girl fdd 'fuZ calves of her legs up to the middle of |pr | ing the whipping that (he uglv and vriSi-- back; that the bruifed parts appeared to»^J ed ftie wa& better;- that, the witnefs heard I withered and dead and funk down ; dhat ;he j the girl fay before fixe \^/tnt out the firii tVj^e ry ftorcs, muft be univerfally admitted ; And § child died on Monday night following, afjd that (l*e did not mcM to go out but once be^' 1 1 ^ ___ __ ^ I... _ ^ £• /V 3 1 ^ 0 rS I t A V T A y n £2 IM9* n « <t /*% « w o a « 4L-*f y . t ^ ^ < The defence of our chief city is a matter 01 the higheft concern. Its immenfe conf-.\~ qucnce to the natiotial revenues, eminent!/ entitle it to the attention of the general gov ernment, nor can %vt doubt that ample means wc fhali cheerfully make fuch arrangements for that purpofe as the ftate of our finances may authorize, and the exigences of the times may require. The various other fubjedks communicated by your excellency, v/iii receive an early and attentive confideration; and we feel afiiired that a fpitit of harmony and union will pre vail in pur councils, and under the bleffings of ^divine providence, produce confiquences aufpicious to tho beft -inttrefts of our com mon country. 0 mij Mwmmi iit« iii,n TH E GOVERNOR’S REPLY. 'Genilemerif The confidence you place in the wifdom arid patriotiftn of the Prefident and congrefs oi the United States, is woithy of the repub lican charaffer you juftly bear-—and the hope exprefied, that, as guardians of the common defence and general welfare, they will per=- form the duties afirgned them, I accept as the pledge of a determination on your part, to merit a reciprocity of confidence, by an honorable compliance with every juft engage* erxent,, and an energetic exertion of thofe means which heaven has bountifully placert within our reach, for the protecTicn of the action?! honor profperity and happlnefs. Meafures refulting from a combination of larmony and wifdom, cannot fail to produce which fhali (well the bofem of every irtuous ciciziu with emotions of gratitude he believed the whipping was the eaufe of. fore iUe would pronounce the word 5 that her death; that the prifoner faid that Ms Ithe girl bekg the fixth interval afkei for leav^ wife advifed him to whip the chiid, as-file | to warm her fecc, and each time fat hy the was obftinate and would not read, and tf^at! fire| that tlie interval between eaih whirr-i ' i his wife had whipped her before, and |!mt it] was perhaps ten minutes 5 that the prikb«t did her good. j kept fchooi for fix or f. v - -farsj that the 2. DfiSIor Ezra S. D/jy-—Stated, that 0 0 1 witnefs had lived wicu idin • : ars and Sunday morning he was called on by [he pri- | he -never ofFcrcd any abufe to her 5 r,,.' hea foner; that the prifoner cried, and c(^nfdlTcd ■ the prifoner brought i.a the the laft time he had whipped the girl by dripping herj he pulled up hereJoaths, and Mrs, Arnold deaths over hej head and bolding fesr acrois: faid,- ” O my God, Arnold, you have killed a ftake with her toes on the ground; that he I the child,” and the prifoner faid he houed whippe/i her with a nupiber of ilicks, and he had not whipped her fo aS to kill her § took her out a number of times 5 that it w/as j that the witnefs heard the prifoner fay whea 00 a Thurfday evening piecedir>g , that iliefbe whipped, the child pa another occafion was baick from her fhoulder blades to her iegs, | that he did not cate ii he and v/ould d ie; chat ?he witneft,and one Rols went and examined the child ; thaj: he found her Sefii bruifed and iaceratei from her jflroul* ders to the calves of her legs ; that he does not fuppofe the gid could have been cured ; that the girl w'-as out of her head when he faw he-, and begged of them not to whip her to wiii be taken by the Icgiflature of the Unioft f to that divine fountain of goodnefs, from to enfure its fafety. Where the fecurity of a country depends Upon its militia, it niuft be a matter worthy of notice to improve its citizens in military fkiii and difcipline. Thar they fhould be c- ^uipped and prepared to adi whenever occa fion may require, is fo obvious and necefia- ly that norhing cftcntial to that end lliall be xiegk^ed by us. The other obje£^s referred to h f yOur ex- eeiiency, fiiall receive from us that confider- atioa which they require. W e fincerely unite with you, fir, in a de fire that a fpirit of harmony and union may prefide in our councils^ and that our great aim may be to promote the public good. whence all earthly bleffings fio^v. MORGAN LEWIS. A ll any i Eehruary 1806. In confoT.mity to a refolution of the Houfe of Aifembiy, his honor Chief Juftice Kent on Tuefday laft, tranfmitted to the Speaker of the Houfe the following copy of his ori ginal notes taken at the trial of Stephen Ar nold, which we conccivcJ will prove highly interefting to our readers. A. Regifter. not cate li he whipoed her 'to d,eath. . , 5. Etiphas AkKander-^'BiS:7ctA the prifoner confefs he had forfeiced his life, and that the whipping arofe from his malignarAt paffions. 6. Eemutl lWilhbl€'“^^2i\di he Was a neigh* bor of the prifoner;^; aad-fsw him once palion- I ate at a death ; that the prifoner went off that day; The pMftmet called no Witneft, and up- th-at the prifoner offered to give all his pro-1 on the preceding teftimony the counfd oa pfitv if lie would curs her and keep it a fe-| each fidethe. LifY. cfti% that the- prifoner fatd he whipped her} becaufe (he was obftinate and woald not fpell I certain words ; that the girl had a high fever, * and appeared to be about fix years of age. j . 3. Rebecca Hubble —Said, fhe vififted the| girl on Saturday evening with her hulband thdt the prifoner was then at home 5 that no| information was given her then; that Mrs. I Arnold appeared Oiy, and the room was d ark! witL^ wet wodd on the fire* that the child f | a m e s k e h t . [The following is the conclufion of Chief Jfftice Kent’s Report of Arnold’s cafe to the Governor, dated Jiily 8, 1805. W e omit the firtt part, it being a funuv iry of the teftimony, the fame in fubftanct a., iis\ foregoing Report to the Houfe of Affem* blyl ^ The phyijdsns had no dcuht but ANSWER, OF J H E SE N A T E , W$ his Excellency the Governor’s Speech, SIR, We are deeply impreffed with the indif. penfable necefllty of vindicating with firm- nets our national honor, and of repdlii^ with fpirit. the unjuft aggreffions of foD>c of the belligerent nations upon the comrnerce and rights of this country; and wc affure your excellency that nothing Ihall be want ring on our part in fupport of the mcafures which may be adopted for. thofe important purpofes, and at this interefting criGs, by 5 the general government. Repofi*Hg the high- eft confidence in the wifdom and the p ’.triot- iCmof the Prefident and congrefs of the Unit ed States, we are firmly perfuaded that while their meafures will be marked by a fincere fegard for peace, they will never iofe fight of what they owe to our national honor and the general fafety ; and that they wift with enetgy and effe£k execute the all-important duties aliigned to them as guardians of the common defence and general welfare. The defencelefs fituatlon of our principal fegi-port, expofed to the depredations of even ^-Tmall siaval force, is eminently calculated to excite SIR, Albany,'February 4th, 1806, Pufuant to your requeft of laft evening I herewith enciofe a copy of my original notes on the trial of Spephen Arnold. I have the honor to be. With perfect refpeft. Your obedient ftrvant, JAMES KENT. Alexander Sheldon, Speaker 7 of the Houfe of AffembJy» y original The following is a copy of my notes taken at the trial of Stephen Arnold. OrSEGO OYER AND TERMINER, Tuefday, June 4, 1805. ThePeo-J hidiBrneni for the murder ofBeU pie j fey Van Amberg, at Berlington, on vs. ^ihe loth day oj fanuary lajl, by S. Ar- j whipping her to death, and of which nold. J whipping Jbe died on the 14th, Jan. PLEA— NOT GUILTY. Williams, (diftri^t attorney) for the peo ple. Gold, of counfel for the prifoner. Tejltmony f o r the people. DoBor Gaius Smith .—He ftates, that war very fick, and Mrs. A.rnoid faid fhe had! that the child died by rcafon of the wro.-piog, worms; that fhe had been fick from Ehurf- j and Arnold adoikted that the whippinsj wls day evening; that the child kept gagging; I in confequence of'his malignant p.* 5 ri--ns. that-fhc heard the prifoner on the next day, There was g2od reafon to condodc, that he in th | afternoon, fay, that he had beexn a | had no dehberate intention of puuii.g :h3 crij4ii creature, and had whipped the chiid to j child to death, for he esprriT. d a hope wnea df 4 fb, and would giife ail he flad to fave i t ; he came into “the ’houfe the laft time, tha\he thlt upon the ad mini ft ration of dyfters there I had not whipped the d.-ild to death, and he the were bloody difeharges from the'child, 4. Sc$lly Adams —Said, (he Jived in houfe-of the prifoner-—that flie faW the pri- foneritake the gicl out {even times, a'od it was ad hour and ao half from the rime the girl was taken cut the fi> ft rime, till the girl came in the laft time ; that the prifoner faid he exprefied the deepeft concern, when the dan gerous fitua^ion of the child difeovered. Upon thefe I told the jury, that they conftituted 3 cafe of murder. That it was not rs^quiure that there ftiould have ex* cited a deliberate intention to kill. That if the jury .Oiuuid be of opinion under toe cir« that the girl faid fhe that the girl. z. pulled the clothes over her head, and held | cumftances of this cafe, that the bearing was her over a crotch; that the child was very unlawful and barbarous, and denoted a de- nsuch bruifed from her ihouloers to her heels j praved and malignant difpofition, (anci inch as fhe faw her the fame night, but fhe was not | was my opinion) k conftituted in juaermenr of very bloody ; that whePx the girl came in each law, a cafe of killing'wirb malice aiorelhoughf time, fhe faid fhe could fpell and would try ^ • » * * - - - that the girl was never ugly before; that the girl would not pronounce the word gig as , the\ prifoner wiihed ; I could and would pronounce it did not cry much, and was very fmart to learn ; that the prifoner ufed before to fpeak well of her; that the girl talked as free as ever between 'each whipping ; th-at the pri- fone'r did not appear angty till the laft time ; that the girl faid ibe could do better and would ; that (he did not complain much ; that the witnels expedled the fatal whipping was the laft time; that before the v/hipping commenced, the girl. pronounced the word f^ghr, £nd fo fhe did afterthe laft whipj 'ng ; that the girl vvas not fick the next morning, end fet up and played the next day; that the girl got up hcrfelf on Saturday morning, and grew worfe for that the law prefomed or imnacd the malice rrom the maligoity of the dilpofitiom which the a^e indkated. him guilty, aiid he waa Centenced to b$ executed on the nineteenth of July irsftaht, I have the honor to-be, &c &c. ^ . JAM E S KENT. ** His Excellency the GovirngrB ' . . ( copy ) ’ ■ Although perfonaliy utiknowo to his Excel- : lency Governor Lewis, the underfigned, ac» ! tuated by a fcn(e.c?f duty, ts-k'es the liberty to, ; exprefs an ardent defire that the execution of Stephen Aroold, which according to the fen- fence of the court i^'O take place on the ip:h ri \ • X J>IS mftr may be poClponed for a fed/ weeks, defire is founded on a convid^on that the poor about Satufday noon, and the cre^iire is not prepared to meet hk. final on Saturday, about the izth January, he was j-writaefs went to Mr. Rudd‘ to go after the called as a phyfician to fee the child—he | doctor ; that the prifoner went on Friday to found the child very fick, and its hands 1 to keep fchool, and oh Friday night faid he rough; the child lay in Mrs. Arnold’s fap ; | was forry he had whipped the child ; that iQuences of appearing before God ip the erer he fuppofed it had worms. That the prifoi:- | the girl had os fooes aiid ftorkings,, and noth- f rial world, writheut true repentence for his fipg A . Judge in peace*. 1 nave vifited him daily for four weeks paft. He appears so me to be io:’ fome mcarureTe-nfible of the depforsble confe
