The Wilmington Gazette

              t ii e w i l m i n g t on g a z e t t e three do)!ars per annum t ii u k s d a y une 13 799 l 7 ol i"--^jf _, u . ~- 7i j - - 1 . i 7 m ,, nr tia , l , prin-ntitfo thk srvfr xw nortw-carolina , f i i tj " f/'ii'h.i it rcpulhi 1 ji.y i ' numkl'-r iii v ith.iiiis ir,j),'.n in antl i!ii view of ihu .-' •' til u'v.tm.ik '■ i:n . r v !.:.!; i live and w ii li 1 1 truil i iiiii i'uppiiri a _■; t i . 1 1 i ii «.; i forts of your luuil gulping udi>s i ste as loniz us hi v n rlunul ex ■ ti.jii . can be uicfiu i may now b !>■ riiiitilii to vj 1 ' into i it ncntct n lonie advantages which may aril mil o u government not siltoge i thcr elttiiive in doing fo i ami not actuated by any with to flcetcl i companions in which the dcfedtsl of tuir own government may bt 1 pmirtrayed fai from it : my in 1 xcn'liun is limply to remove iipof-j h'j'.c the im'prcilion a certain party ijj this country ddign to efublifli i tot thii being a war ot ckfpots a gainft the rights of man and tliat it i ' unworthy ot america to like any pun in 1 cuntdt wherein france itrugglss tur iur ' tr«'t->loin in one fenle it i truly a war ot dcfpotilin ii.ilinnch as it is france alone who at this momcut meditates to intail upon mankind a revolutionary lla v^ry | in or.lcr to hicw that it is not drawing a faif inference that a people cannot be free where every branch of the government is not e leitive i take the government of england as an example at the fame time i lay it down as a fun dj:rve:ita tliaxiiri i obe fliaken or c'ontroveried but to vvhich m mankind ni'ill give tlnir atfent tliat there is no one torm of go vernment under ifeaven whic'i hjs not its difadvhtitages as veli as ad vantages ii men r:hics have their republics have pot b.-eri without them the faperiof advantage which tlie engli^li government not withilaiuling it is a monarcliical out has over every other govjs-rnitlctit is that by irs operatiogs and tffedls the fuhjects u^iler it enjoys more fubllantial liberty and fecurity thim in any country in cue world do noi be alarmed at maicitog tl'is conn tr an exception i purpofcly a vold doing it fi.r reafons which i 111 a 1 1 pfefently give as td the french government and conftitu tion which yoa ajmirc above all others and which p <.• r 1 1 a ; 8 you will be more furprifed at my not ex cepting than even yoi:r own coun try 1 hall not noiica it ; under the hope that tiierc is no man in america unlefs he be a knave bil;ot or f.'ol w!:o can believe othcrwife than that the french na tion at this moment live tinder a tyratitv as fore and galling as any by which a nation can be afhitted *■ x dcfpotil'm infinitely worle than they experienced under the regal gn yernment ; bccatile inftcad of the ittlre de cac bet which was fcl d iin lent out except aitainft pcrfons interfering with the government and with which tticyhad at the lame time the happy influence of morals and laws 1 tlu.'y have in exchange a fy'ftem of terror fufpicion and pri vate nftudinalioni ami llo ulan can caicglate on an hour's fecurity a gainll ih'e direfloriiil mandate for san iih men t profcription or dtatii i hall therefore tor the prefent lay notltins of this modftroua re ptitilic but merely confine myfel to the hewing that the people o great-britafn are in the poifeflioi v more jul'jhtnt'ial liberty thai any other nation ; and cjibfequviitly ili.it its govorntnent can have no o tiier motive in carrying tfn the pre fent war than to prcfervc and l pertjatc that liberty in proceeding to do this it vil be tie'ceflary toundcrftand what true jib'i't is dd.-s it cotifiil in hav a 1:1 ' rty«cap w hi h by a y ind <■• ni;i ic is to operate bmtncipatioi in i mvc fet urlty t fi every head oi v hicli it is placed ? l it con fill in vain and empty onnrl.s ii pompnift cxctamo'totis a t ■ > i in iri coloured cockades ? or has it ii exidence i*i the rij lit f"d-popnlat . l,unri r after a \ iclim t th ir i f noraiiv t and tli ir refentment ;< danco around n pi l or tree it row lip tlicir greafy c-;:p ai rl fhou out its f red name ? it is to h found in neitlu r j apprehend i ' is j l-1i ifiny invaluable r.<'f bei auf it is f ». ali imt bectufe ir is fell fn to lie by i 5 name it only c»p t;iaic i , by its ft bftance .: b r.c ( t t . i u in tuct u tiling " ot mo ral enjoy merit un i noi ut metaphy i i diliiiiiii ion in 1 1 1 1 > an i ■ i ii :) , i '. l t ! * 1 v e h s tilc i .' i kiv > win rt .; appear • : ii llimi i".s mdultrv patrpui/.cs t.u i •■ nces : 1 1 -. < 1 w n i i e if gives vigour i lie ii v ivl faculties oi the mi , i ex jiands the fbul , and irhei i ■ ■ ,■ . i v l'etictous effufion and ciiio'ii i di he cut it inculcates rcli^io , joni ru.r r.rni tnorals as the bafis of'humdn ftl'city and carries vith it ihit protection irifingfrofd whole io:nc lalvs well executed to the door ottverv i dividual in focicty ; to the frirelh'ild of t!i3 cottager di well as palace ot hi king ; to tharft t.^.e peafmt as w<ll us bf the peer this is englifti liberty i as contra-diflinguithcd from th airy phantom god dels which ho ' vers around france and the conn | tries he has regenerated to give however a more intel ligible definition of this full of blef ings i fubftantial freedom confifts in the fecurity to the citizen or lib i jed of three important rights viz ifl the right of perfonal fecurity ; | 2d the right ot perfonal liberty ; 3 tlie right of private property where the fe three rights are en joyed the people are fukjitmt tally free where they arc violated or invaded by the government or by any clafs in the community with i impunity the nation is fubjiantinl ' ly opprelted : for there is no kind 1 jt co mp ul five tyranny which the ! wit or ingenuity of man can defire ' let it appear under whatever fhapc or garb it will but what muft af fedt in a material manner one or o ther of thefe three great rights ' upon the fame procefs of reafoning 1 nation mull be proportionally free as they advance to the erf eft and jull enjoyment ot their rights for th-j protection and maintenance i thefe rights the people in all countries have been ncccllari'y con ftraine to look up to ihcir courts an tribunals of juflice ; as this is the only department 10 which is enti till d the power of hearing inch comp'lain|sof the people as are foun ded on tilt infringement of their perfonal rights ami right ot proper ty the judiciary branch of the government is therefore he gnar 1 dianfhip of the civil liberties of a people . i then from all this it is clearly inferrable that the inhabitants pof i felling the moll firm enlightened virtuous anj independent judiciary i mult be more fuhltantiaily free than in any other great-britain is that country her judges are even pa ramount inconsequence in the ulj niation of the nation to the parlia ment itfelf inafmueh ai t lit y can at any time dc'c'are filch acts as they pafs ngainfl temmttn right and common reafonj abfolutely null and void and give tlieth no validity it is needlefs to fpeak ut'that.jifdl ciar.y lo eminent for probity and talent and into whofe hands arc i wifely entrufted englifti morals law and liberty ami ipcak of any other at the fame time : lor compsrifons are odiotii there nre many can fes which contribute to make the en glilh jndges independent of the irown and parliament which do not exill in other countries whore is the country which can furnilh fo rational a fyflein of civil jtirif prudence and fo ably faithfully and diligently adminilfured ? where ; do we hud cktant fmha diyefl of i nap roved rcafon and equity as her common law ? where is the fpot mi the face of the earth where rt i iff ik f(i ffieedily and eflicacioufly 1 1 folded in thofe whofe perfoni or p/nperty have been violated or kvliere the fpot where the wealth rank aj j condition in life or the par irs litigant re fovnuch thrown oui of confi luration ir the obfeure peiij'ant fo much upon'in footing with he mod conljpii'iiuifi man in focie ■ y,bi fore thole dignified arbitrators of civil ccritvrivevfyf hie j'udjges f knglancl ? w.here i 1 . that relppnli lility earning and dignity attach t'd to the office t a}udg;c^or vheri a fnviihir incltn ernrnt to take .» prilt iiiid plcafttrc in attending 10 the i ijet of an oflice ( fo important and co big with thu foltd anii il ; il in uri'l ot hie people f no whei '. 1 ! t bdiiiinilluti m i juuicc in . this part of the in : . ■ . '- ''"' w < kno vn to ne d a 1:1 in nenf i ; i deplorable r p.ti oi , th.n ii ■•<• ot hand (' ■ .. j ff.rtnt footfn ■ , 1 aufe •> ith : >:■. i ■• ' " • > lure siiiii | r excri i oi judioul p -'. mnecletl i lie leairity ol evc;y ng r which government i propme nd inllitutc i it is in vain for . mnmunity to focal of the cmnjilei o .;■,:■, t of luuiuutial fn edom vhen delay ind langour character i/i ur!i.:ial proceedings»j an i when iii hi n has every inducement to compromife r ri ht by relimmiilli in a ptrt rather t::a:i uri^e or pro fecute it befote a cotuft ot jtiftice when we arc abojt 10 asamine thf properties of governments and eftimate th<ir weigh ami tni'iiy we mull look t theif operations ' and not their form in tornr the englilh government is a!)!::r i : in effeft ii i admirable as it mea 1 fores to every one within the fpliere of its influence and laws prorec j tinn and comfort the coilftitu-j 1 lion of sij'.ith-caroliha on paper or parchment is a structure ot beau ties in every part and fo is the ] prefent french constitution art i ' ana yet no one will deny that there ! is not a fuffictcnt refpedl tor ma gistracy and that the laws are not ! as rigouroufly enforced in this com j munity as they might be ; or af fert that the french constitution o pcra'es wlui in form.upropofts to ' do , ; so that it is idle to infer that he caufe england is governed by a mo ' narchy that the people are not free i aver that they are even more fub ' stantially free than the inhabitants ' of this country for the reafon i have given ihat every right which ' pcrlons wilhes to enjoy is there i more completely enjoyed than it is i here but 1 may be told that e ' very man in england has at a right to vote for a member of parliament * this is certainly true but still a ' difqualification of this kind does ' not take away from the folid rights \ or fubstantial liberty of any one ' man in the whole kingdom this ' right to votr i deem under exis ting circumstances a liberty by no ' means fubstantial the only utility , ot it being to prevent the govern ment or any one elfe infringing thofe imptrtant rights of which i have been f pea king : but thefe rights arc already uninterruptedly enjoy ed to this it might again belaid ; that no fubstantial lit erty canbe/>*r | mum it where the right of voting is | not co-eval with the confiitntion i and within the reach of every one why confidcring the queition ab iractedly and taking it tor granted '• that all governments aim at the de molition of public right and liber ty a propoflijon to which i ha never accede it is rev lonable enough to fuppofet that the juljianhal rights cannot be fecured m.ii is the priviledgt to vote ekifts i3nt ve are hot at liberty fo take me qtut llohihthis view when we have it in ( ur power to draw information fruin fiicl i\a circa i britalii furnilheg anexamble d a nation preferving and in tht full enjoyrhcnt of iis fubflantial liberties and yet c ery man canhot vote 1 his is conclulivc whether jrcat bri'«i:i will preferve tiiis freedom as lotig as america is altogether a . nqther queltion and foreign to the : intent or purpofc of thefe obferva ! tioup snt1iv:e it to fay that her people are now unquejiionably in the full and pprfedl enjoyment of what every candid man will allow to be j the tjjenct and jubilant of freedom and lo will continue until decay iliiflitude weaknefsand corruption j liall gain admittance into her courts of juflice a period which i believe neither you or i nor our children unto he third and fourth generation will ever live to fee the i'aufcs of this difference be tween great-britain and th'fs conn try mult be obvious to every one and will conhim the pofiiion i let out with that tl.cre is no nvfm mcnt which has not its dlludvan tagei in moiian.hie the genius of the gdvernmeni inciucatci grcai form parade air 1 pa ca.it ry the geiiimofa republican government on the contrary inciikatcs a cdrrv tfii^t of t-nin thh m i ■ '.'...: i'.y uff-.lt in f me iiitaiui ;■, the ud'iin „; i men i justice : t'oi ■•<"" . n 1 i i i a '• » '• e '■' lll " , m . a ,,,::: !< l s l : ' j "' " ,,.' -.':). 1 . i ■ ilion if vvhi t it i i m i lie court luvt not an air o , ,), rio'u ituu maki ■ umi.c fupreir.ij , i luii i «.! i !''■ univeite i ■ fry •""; i -, u h ii ; m ilirwa 1.1 ■ ti'..!>tpur i it rcl^'-cid.'lily ar ■'• ■* •- j"-»rt < !| t si i i i liivhly be ti i;i ajj"m ! j night to be rigidly enforce i eve j talents a-.-a dis-tinguilhcd probitjj in judges cam t»t make up for mud i iiv re fhau the many iuconveniencic attending a deriledvion of form tor i is in proportion as tin | in of ari;rl sniftering oaths is morel or id's imnreilirt an i awtui tha 1 perjuries are more or cfs frequent but another ci r .- is the final fabrics of the ju iges and the con tinued lpi.it which exists in th star legifl iture to takeaway from to dlminilh the powers of the judi ciary and to reduce the falaries alre'ady fo fmall to a fmaller fum , and thereby make the judges dtptn dent upon the legifl iture for their bread and office cv deter every mai of talents and independence from hereafter contenting "» fcrve in thofe hat ions | the people ofgreat-britajn then enjoying all thofe folid rights which a free government propofes to rn furc to every citizen it is wields to throw any reflections or the fo vcreignry f that nation particu cularly too when the prefent mo mentous crifis demaads above all others that there ihould b a cf).n geniality of fentiment between ai!j thofe nations whole intereft it is to prevent the itltrodu&iort of that bane of governments and morals french nifiuence end french princi ples here you may beg leave to differ ironi me inafniuch as it is unworthy of the free kates of a merica to combat principles which are her own but i give the lie tj this i know full well that this is the impnllion which the induflry and indefatlgability of all perfons inimical to the welfare of ameri ca wifli to make on the public mind fortunately however the opinions of a great majority t the people lean another way when i fpeak of the people 1 allude to the thinking rational and dtfereet portion of the community i wifil to avoid drawing a picture of that portion of every community who are immerfed in ignwrance and who may be led allray by any ignis fatuut which adefignlng pblitical incendiary may think proper to iiold iit america has her full pfofirjrtion of this clafsj and more firebrand grntry than a country blight to liave where every man boafti i bis living under a govern ment of irs own choice but to the point vindicator m a kt1 n ettin g e h , blackfmlth tmtrftnith gunfinitb t a'a manutuburer inform the public iliar lie ha rerreved liii rtmp o mr hooj er'i wliarf at mr tdfau's fliip yard where hf tarries on nil l vi ral braiitl.es of buttncor * nil wl.i-n c.iptitins of veflehi and others nay he lupplird at the ih'orteft noticej w itl all kinds of iron work oh the deft reafonable ternin a 11 orders for oi v will be thankfully received andpohj t natty attended to thole who em ploy him n depend on heing well i'rrvcd m.ny 9 ab ln<le or no afttntiffl has l>eer paid to a formrr advertisement of mine iliii i iherefori fo j>ive no lice io ihiile concerned th^t unlelt they win ire indebted to me w coma lorwufd ui pay up their nc countf i iliall b under the di'ajjif able iiii<lliiy f criiofcing pjsm^n 1 jj.ii • iihly •>' bw hiiyrei i f ■•'• i 1 b txpic^teil to be frtade atfrouih wafh ington geofge m'donalcl may 2 of all kinds forfuleat the 1'rlnting-ofli.u boston m..t 17 f o r e i g n n e w s frim papers brought by the vtnui which urrivid)tjltrday jrna li defeat ol the french london march ?.}. objcrver office sunday evening tivi t clock the hamburgh mail due this day arrived at 12 o'clock and brought the gratifying an<l impor tant intelligence of the defeat and retreat of the french armv in the country of the grifon commui nicatcd through various channels but particularly by a letter from lindali on the lake of conltunce latrd on the evening of t lit 8th inftar.t to tho following effect : the french army undar tltr or lers of gen maftena on'the night of the 51 palled the rhine near sarganz between chur and fold kirk and on ihc following mornings advanced with rapidity on gen auffenburg's corps which it drove back and cut ot its communication with the main body of the imperial arm gen hotze however being apprjfed of thefe movements early on the morning of the 7th advan ced from feldkirk ; an ailionj dreadfully fanguinary enfued and was maintained during the greater part of the day but in ir*e event the french were defeated and com pelled tocrofsthe rhine with very conlidcrable lols the lofs of the auftrians was confiderab'e ; the regiment of stein had h iy men killed and fcteral wounded smail corps of the republicans on he 7th attempted to crofs the rhine at four feveral points on the fkirts of the grifun country and ivoralberg namely at haldenflcin ira^atz wcdenotrg and saletzj but were at each repulfed by t'.ie austrian gen ht,\tet iro-.r'n lw hi i tory in'mtiiianrly penetrated trom chur into the canton of glarus where thoufanls of swifs mau contents were crowding to join him i lindali on ilie 7tv was occupied by four companies of the regi ment of bender and a confide jrable train of artillery followed them i the hew tif thefr movements reached ulm on the 9th and was communicated to the army ! the accounts from ulm are to trie ilthinft at that period the archduke charles had his h a-l quarters at mindeuhci'n and liis airny had advanced as far a mem min^en gtn jo»irdau had 011 the loth halted at villcngen and gen st cyr at ratwell their patro - lers had btcn nufhid as far as ro(henbtirg tubingen ruetlin gen and n.igold , but the part o ihc main body of the republican ar my which wfis advancing g:t.u ulrri by stockade and rjdlcngei iriad n advice of thedifalter fuftaii cd by the column tinder maltena flei with great precipitancy lowan schafhaufen and constance f«»r i flip port l'ct for tli nnexpefled ocenrrctu joordan i a reached ulm on the 10 jinft th advanced corps w:>uk iiaye previoufly met at mindenhei '& mofitiritb hisarmy hadbeenr informed ly feme tolumns fro sw itzc r and the french t'encr souhane h occupied fiibourj 1 , and tin tho of the erifgaw the imperial nrmy in bavar comprifed 115,660 hien ; of th 80 cco had en the 81 imi . cioii iiht lech 1 1 *" v arc rerrrlcnitd b accounts from l'lm frankfort , c is it ii ot animation and confidence many of the regiments of infanir iad two and three hundred ftiptrnu h 1 ari v ; — ar d w ere ci niplctr , u ictttr appointed than at nny forme i'jiiid one hundred and tweni ;,., ( ■ < ( ordnai ce hail been co lecl i at ulm on the 6th;and 1 tie art k uka charles had imureflrd 50co aggi ■ «, and all the hoi fes f tho ja . ■ t country to haflc n on ih • inveyance of troopf , cannon & • the theatre f xs^r and .. ' " iff offi era at vienna luvc '■ 11 01 f.|icd to the army