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wilmington gazet3te published weekly ly alix.'so hill at turn e doiuits a vt m - thursday june 16 ims ivoi r no ;:-. washington may o ji;dg orask's ckaroet , o'.i the first monday in this nonth the circuit cou-t of the united state vras held at baltimore by judge chaso imd judge winchester jndge chase j as is usui i delivered a charge to the j grand jury composed of citizens from | different counties of maryland a large majority of who-ts though nw linated by a republican marshal and drawn from a republican state was decided ly federal this charge may hi pro nouncvu th most extraordinary th*t the violence of fetliirali rn has yet i produced snd exhibits humi la ing r |! vidence of the unfortunate effects of i disappointtd animtion it isio be re i gretted tliit it hft not been officially j published as it is almost impossible ' without presenting i f entire to give 1 ' an adequate ifleaol its contents and us it would then have been out of the power ofparty i^irii to deny its ac'cu racy the following summary st ite : ment of ii 1ms been ready for the press i for more than two weeks ; but has been withheld until this t:me in the hope that the who charge would ap pear it is only necessary further to ; premise that it was taken by » per ■son present ; and that the public may j rely that it does not contain a senti ment that was not avowed by ihe judge though it mpy omit ninny re j marks that were made by him in i some emphatic sentences the words are nearly such as he used ; thottgh or he most part greater regard h^s been paid to the ideas thpo the lau '< fuage after a definition of the offences cognizable by the grand jury jtid^e < tluise said he hoped he should be ■pardoned for making a lew additional i observations he had he remarked [ l)ec:i uniformly attached to a free re 1 publican govtnvmerit and had actively ; participated in our revolutionary strag gle to obtain it he still remained ' warmly attached to the principles of government then established since j thot period ho"vevcv certttjn opinions ■had sprung tip which threatened with i ruin the fair fabric then raised it had been contended that all men had j equal rights derived from nature of which society could not rightfully de ' prive them this he denied he 1 could conceive f no rights in a slatc of nature which was in fact en j tirely a creature of the imagination is there iv as no condition of man in ! whch he was not under some modi ! scation svihjcct to a particular leader or a particular species r;fgov.eriimcht j"nu liberty did hot in his opinion nsisi in the possession of equal j rights but in the protection by the , law of the person and property of c j very member ol society l.<v v r va tious the grade in society hi riled nor did it consist in the form of lo ! ternment ir any country a monar : thy might be free ( and a republican j slavery wherever the law protect ed the ptrson an-i property of every ! niftn thtre liberty existed v liatever i t!ie government was such said hr is our present situation but.jnucfi i ! fear that soon very soon pur situation j will l>e changed the great bulwark of an independent judiciary has been '. broken down l>y the legislature of hie ;! uniied stutc and a wound inflicted ! upon the liberties of t'ic pt ople which [ nothing blit their g d sense can cure i judge chase here went inth an as i ertion of ihe ri;.,ht ol the judiciary j to decide on ihe constitutionality of ' laws 1,1 the njlverted to the proceedings ' fcfthe legislature of mw-yltml ;•'-.••• jommenm '•••. ii c wisdom and patri ■timtt of those who had framed ihe , sjonstitutionofthat stute that wis dom and patriotism had noyer con ceived liberty to consist ih'every man possessing equal political rights tp secure property the right of suffrage had been limited the convention i luid not imagined according to the < new doctrine that property would be b'-st protected by those w ho had them ] vus no property the rain ' part established in the limitation of suffrage wa^s now demoliahed by the ! principle of universal suffrage engruf 1 te<l in the constitution in addition , to this a drrtposition was iv sub ! mitted wl.ose ratification depended ' upon the next legislature and whith if ratified would deitroj the indepen dence and respectability of the i idi ciary and iii ■'■< the administration of jusutfi dependent upon legislative dis crettoh if this shall in addition to ji"-t«'^nli f.'.talilishes uriivci'sal suff " t rfwt ol'.ks tw:iu«i.i«rt 11 nothing will remain that witl be worth proterting in^'-'ulol bcincj ruled by 11 regular and r pe*tsble government wo wiall be governed by an ignofmft mobociucy wlien he reflected on the ruinous effect of these measure ! lie could not but blush it the degene ' iacyof sons who destroyed tbe lair far-vie raised by the jauiotisni o 1 t k i c : r | fat its to do i'.i ice to this extraordinary performance would require an sxtcn live covnmt r.tary li is i < ■us ir to call upon the tea dor to holil hi recollection the fact . that it is the charge of the judge of : j the u suites delivered in hi official capar't r , k in this discharge dl hi of ficial duty its propriety ought there ; fore to he principally tgsted by its ! conformity to that duly it is vc.y ; j possible for a private citizen tobaj 01 ■j do many things without reproach i which a judge cannot say or do with ' out n large share ol it the oath of , i a justice of the supreme court will | j shew what irs duty s it is n fol i lows : : *\ i jo s'olenmy swear<or af lirr tl at i v/ill administer fitstiet with | out respect to persons and do equal j rii;ht to the poo anil to the rich ami | that i xv ill faithfully and impartially discharge and perform all the duties i incumbent on me as , accord , j in to the best of my abilities and un j iiev,tan('.*ini i.;''vt\/t/r to the comtitu . r ■and laws of the united states so help j me cio'l < this oath imposes an obligation o \ , adminititr justice agrfeably tj the coiu j ftifutijitend laws of tht uniied state it limits his pdwerfo the ad minis ' tuition of justice ; this is its sum ; be i yotld it he shall tint o — nul it dctcr n.iii • i the manner in which i"bti'je shall be administered it shall be ' ■•- ', greeably to the constitution and ta\.s 1 0 the u slate " and in no oilier i manner ,. . ■- let any mjh then read trie for c.oiii statement ur.d n.y whether the j political sentiments avev/ed by the i judge can with the least pretension t : j common sense be culled the adtrii pis ) tration of j'^ticc the administra ; 1 tion of justice is well understood it ci .. iisis not in political disquialttohi however correct much lesq does it j consist in iinjijt reproaches cast up i m the federal government njion its rulers and laws upon the stete govern j nctiis their rulers and laws ; andup i on the fundamental and characteristic ; principles of the nation itself mucli less oitn.it be said that such ' sentiments avowed from tht bench ' constitutes the administration ot jur , . ice agreeably to the constitution und i 1 lcv>s*ef the united states ! that constitution and thor,f laws command a judge of the united states to regard and respect the constitutions ' and laws of the several stntes where ' they do tvot iiittrfcrc with the coiisti ■'■tution or hnvs of the united stales the constitution declares that the ' united stp'.e.-i shall guarantee to e ! very state in this union a republican i form of government — and the 34th ' scc.ti in of the judiciary law enacts ) " that the laws of the several siulcs ' except whete the constitution trea ties or statutes of the united states s+iajl otherwise require or provide i shall 1 be regarded a rules of decision i in trials at common lawin the court v of the united states in cases where they apply j maryland hasnow a republican form i of government whichi it is thus made i the constitutional duty of the govern ment of the uniied states of which j tl't iu ix fbrm a part o guarantee ! a material part of that form bf.govern ment consists in a prescribed model of chr.np.-iijij it in that way it hsti j been changed ; and it is against these changes all of which render it mote 1 republican than it previously was thki 1 jud^e chase inveigh in a certain 1 nay a proh rble event the judge lays thtre will be nothing in her constitu tion worth preserving such denun ciation is not ev'iv-judii ial but is in direct violation ot that obligation which m making the constitution and laws of the united states his guide embraced so much of the constitution ami laws l m;.i hmd 1 applied to cas t . before him and which v»ve not contrary to the federal constitution tndlaws whatwqtild be said of a federal judge who boldly pronounced of the federal constitution there was nothing in i worth preserving when his very oath 1 f office constituted him its puatf'iiii i tl 1 same condemnation bestowed on sucji iv dcqjih£mjjubd j • milnr 1-ntii to a * f mtg cnn utiin ; for one is but u ratification of the other so far as i elates to his official duty nothing lias been y-et said of t-ke riiouvcyi of judge chasn cod only certainly knows his motives sull e vcry intelligent man wiil form an < pi j nion of thoo motive which probably influenced him c'c id they hr pure motives look to the effects hi de 1 claratiohs were oalculatcd to produce ! in his conteniplation ifdrqductive of ! any effect whatever t'c mu*t have ! been considered t:s llvely to uliennte the citize'is coin both lhe govern i irients rf ihe unii hj an ; t^i ;' ■>! vlai > • j l.'tid ; to produce n s.fntitnent ol ilis j saiisfaciion '; to auj i^nl part ■vio lence and to enkindhe a dis^rganis ' in spirit are these the legitimate , frui's ( f ;-.') impartial ndminjstration ! of justice i l^o they evince a love ol i order of tnrth of benevolence of patriotism of.afty thiug honorable in 1 public or hmiable in private life i ' ji judge chase bays he was a ccpub : lican during the i*evolutjon ami still j is i republican i'mri this we may ■rifcrth.it hi sentiments arc tnc satue j now that they then were by his own j avowal irt him be tried \'. hat did 1 we cont iul for during the revolution i 1 l'or political liberty in what doe;8 j pblitiual liberty consist n the right (• suit government and yet mr j chase asserts that am\tion may fro : free where thlti right is net'enjoyed by 1 the people ltiis thrfn u the rejiub i licanism of jud re ! . li • ; u [\ is the chsspoti'sm d a genuine rcpubli u j . i opirii mi art ilid t 1 .. t sprung up ; and the possession of equal rights even in a state of nature is e 1 c ri > 1 1 i !.< laughed at an a chimera gf the ftiffcy ' is di fireif not • 1 ns •. in i ' tq i rigi ut n tht it . tction ofper ■■- ' and ;• .>'■•"■■by la 1 . here the ; learned iidgu iis».?l,es cause for ef '■feet iood'are flow from libbi'ty , and ttot liberty fronvgood luws fhe ■lies laws v •■. an degenerate and ; become bo ninny iiifctruments of np j jji'ession unl'/ss the natron possesses j che right <>: amending orann'tiilint them aiid 0 cohtroling thu'je who administer them liberty d es ■■t con si in i ..• form ■/ government in any country a monar chy may be free end a republic in slave ry here we at length behold the cloven foot my such performances asthh the public mind i to be pre pared for monarchy 1 whenever the laws protect the f>rr3/jn and property of every man truk ij \ berty exists wha.teveh \ the government j.s this ' i is'the liberty of judge chase he je i | indifferent t the government so that i tiie laws be jltrre again is a | jumuling of : euuse imd effect ; who )""•.'.'..■. the iravs i the government atal yet'il is u nuitter of no conse i quence vv'.mt the gm-ernment is a well might we affirm the su;i of tiol importance so long ns we enjoy it ligtit and heat to which we arc in debted for all that stiktain esi&tence this remark is very absurd but i merits attention not so much forits absurdity as fi r ikc-.idi-r.ee of a root ! ed attachment to monarchy the re i maining remarks of toe judge need '' ! no commentary tliey dciiounce j v.ith indiscriminate indecorum the 1 measures of congress and of mjiry and there if no mind thai will not fully understand tlnir meaning and duly appro iate the motives in whuh l ' tbey originate such citizqnt of the j ! united stutet ii the offspring of all 1 supreme court of the united slates t i a member of that venerable and haired bench constituted by you the gufir diansofyour rigbfcsand liberties : hat intelligencer may isi ; — ■. \ t : fcci ■•<:. attrmptsare making in tiie face of 1 all fart and truth to impress the tia j lion with the idea that the lute dec ions exhibit an increase of federalism ; , whereas thr-.r retklly prove it ' ; great il clenaion jiis \, ill place the truth 1 of thi , :.- ■r t'on beyend question i he elections l.r representatives in congress it will be allowed ire those uhi'h in general f:»nn the l)e ; criterion li jiubiir sentiment ' let i:s then pmpart the relative strength of jxgublu>aos hnd l'i-derul ism fleu.'-t pir th last and th < us 1 v vi-^i yt:vj rthode-isund had < '. <-. > -. ij-f ; j'ii • mid one f deral ! tnb > - ' •'' - epjuing lie hat t«o ' rcv ill •-■.- rc:,..itni " jj i ifassarliuscus had in the inst con jrei six republican and bight federal , members ; in the ensuing congress 1 she will have seven ri-jniblicr.n and ten federal members new-hampshire had in the insl con gress four federal menibera ; in tlie ensuing congress hik trill huve rve fcdtirtl members ■■connecticut imrt n*the last con gress seven federal members ; in the nsuing congress she will have sewn , federal members ; new-york httd in t)ift last congress f seven republican and three federal mfembem ; in the ensuing congress j 1 she will have twelve republican und i : five federal nicn'.'i is pennsylvani i.-.d in the last con i rrress ten rqp&blican and three fede l ral members in iheensuingcotfrres she will have eighteen republican members vermont had it the last congress one republican nnd one fed pal mem i ber ; in the e'i suing congress she will i have three republican and on federal member .• delaware h^dsvi the last congress ic vderal member | ilia wjm hhye ■. the ensuing congress one republi i ' fin memberi ' i \ irginia had in tin ns1 congress i eighteen republican und three federal 1 members ; s 1 u will have in the next i congress eighteen republican k lour , federal members • | south-cnrolina had ii the last i'on ;.". is three republican and thyee l deraj nu'inbc • ; she will have in the i ensuing congress si republican and two federal members georgia had in the last congress two rural ri.ftii members | he will have ]■.; the ensuing congressj four republican ni^mln.-is these are all the states in which elections have been-'heldi let tliese results l)tr ofxhibitcd m a libe and tiic whole v.ill eland thus : last utongt nexl cong : rhode-island ii 2 0 j kis.,.k hnsi-its 0 8 r 10 | i n>\v-tlump:>lii"e 0 4 rt ;, t connecticut 6 7 o 7 • n'ew-york ' .? \) ., ; ! pi'linsylv.iiiia 10 s ifi 0 \ dtlatvare 0 l i o i \ ermont ii si \ irginia l l 18 4 s itith-carolltyi a .". 6 a georgia ♦ 0 •* o i b 33 7 1 34 such is the agpre^stu reuilt oftbe elections i'i the«e suites li ill recollected that the number of repi*e i ben t*.ivi:s under the new census isin i crea ied from ' 05 to i i 1 . ■for i ;, which ihetfrqxublicans had i i i n i st concjress tv y have now ' 1 . j vvliile for j2 which the fisdernlii is | had ih the last congress they have j now ;', v ! follows that while the fcdcrb'lttts i i have gained 2 members the republi cuiih lu c i lined ■-' '. j the relative gain therefore of r i publicamsm over federalism stand's as 23 to 2 • to have preserved ihalr relative strength in lie next c tigress the re ji 4 i!ic;ui i - slxml'i have from live above , srates 43 and the federalists 42 mem i berst j instead of which the nepublicans ■linve i i and tlic federalists 34 mem bers the for mi . ihcfcfore have gain id ihe'rute of thirteen per cj;ht j nnd the latter ium at the rate of twenty p p ( enu ifter this plain italement of facts j federalum may vaunl it trlumpln as it | pleasesi tin more it boasts the nidre '. it ffi ii in disgraced j rs enquiry vill i kcreby be stclted j the truth known j which while it she ws their mtsrepic ' sentationsi will also demonstrate the | depression of their fbrces it is true i li.it in virginia i f i • federal members , have been ehictcd but by what means ! i have they succeeded ? not hy a fair and full c % pression of the , iblic will but hy the superior indun ry of the federal candidate and his friends and by the false security of the republt n\s bv the r^pumicans'of that state it wat not deemed of great importance ' that all their representative klmjild jj i republicans it was already aecertuuv cil that a reat majority in roneresv ttaa already securecl this | roouced | n reiiiti:i dectee «■! numflvrence of which federaqsm ivailud iistlf every man of common mmisc knows that liiis win often be ns it often has been ! the case with the majority confiding to«i set urely in thetr strength they i will sustain occasional defrats frpm i tlie mptrior stratagem and mtifity wl i their opponents but put this co'^l ■deration aside grant the federaltkti j full credit tor the acquisition of unfall ! as well as fair means what is their si tuation more depressed than it evei . was beforc they have ices strrnrtl | in out councils and less confldendfc « itli the people than at any antecedent ! period of their existence a'uf intelligencer | savannah may 30 " i we tears that the strong caster j winds with which we have be n trou bled a few weeki past destroyed much o*'u)c cotton in the lower country ov sc i islands so as generally tt)occasio1 ; a second planting this we believe i the first time for some peart that the i ircumstance hai occurred to sncli a degree but considerable effect pi this wind are not unusual balancing the otherwise earlier season which the lowe country expediences and render the cultivation oi the black seed or set island cotton as it is usually called a likely to succeed in the luck country where the season is tome what later but rhore sure this circmnman <; of climate was some time ago bbser ved end recofdid in a publication oh the cultivation of cotton attributed u orr present governor mr millci'^e who was among the first to introduce this valuable staple us a crop nnd b his experiments and observations hag pechaps contributed equal to any otluv iadividuul to extend the advantage and promote ie wealth of his native state hy this profitable culture jli words nre : '•' " there is little or no advantage in the seasons is it respects the cottoii plant tj'et ween the low and up country in spring it appears if nnv thing tlii up country has the at v n ta'jc — it suf fers no injury from the violent laahi log tmsterly winds that commence in the low country rbo\it the latter end ot march h'tul often continue through the greater part of april ; that \< ind s 1 tlom fails to bfieht ) and at limes to tally destroys he plant so a to octa 1 sion replanting late in april in thft ■full of the year vegetation is preserved longer in the lii.v country than it is ir the tipper from the vdjauri in the t country nnd particularly near the led that shelter vegetation hut for two enrs past 1799 the low country hai derived ho advantage from that cir i cumsttarce the frost has attacked totsuj with abrupt vioh u-e so is in appe«p ance t<j stew even the large nod th sln-ll not being'hnrdvkcd by the gray dual approach f coldi and destroy it | altogctu«r,'~in the up country slicn pods the hard frosts open and cotton i gathered from them ■•* » could the cultivation of the bin ieed cottryj.'becornc extensive in thti back country we need not name tlu inimei se tin incnlculublc iiilvantacet which would be derived from it tht : b ■» ihhm'd cotton now svliu for 5'3 runs tlir reeti seeddoea hot exceed 15 ■' that rlrhoul all parts in georgia n • it l.i.'her hii'ifi.-ili.'ii augusta would produce the blark seed cotton i pret ty well established since for yearai mr millertge has cultivateomt as b tr<>|i on his plantation near augujta p'nd finds little orno di(ferenc pi quality mil hdt'dly any as to price < ; her here or ia ku.'ope with that raised on or near the r.ra islands scver.il planter ( in south carolina nearly a high up at thdt place have we are told rottowed his example with the same success i is ohly a few year that the ml tivation of cotton has(frcvailed at all f tint it isyel open tu improve hunts must he evident ; and surely no groii er coold be made than e^cbnngiptf the long staple for ir short miv milh g i tic list successful experi mehter on the bfrck spmi in tin >,| country and should its cultivation be come more general it would be ui o t'.er essential service rendered i.i country both as u planter and ■pub lit icrvailti w'e would i'erotnmoiid to gentle nun of observation anx leisure to make some ekperimenti on this a^ountf in different parts of thektat it b 1 scarcely necessary to rtmpk that\i'n less tht hhuk seed is kept entire sc 1 ani'.c from the gfeetl seed an inferior l^nd v ill be produced difficult to gin from the greeh fur*e bcctittiiii attach ed to tht seed nnd which preoably would soon be ioi.t inthnl mosi conge nial to the climate ' i wish to rent th'i houfe i new live in c ner of prpnl and dock-(t»fe't iv t.iirly fire prrnt and prrt-ftl ti^'.t j.amlvb carson
Object Description
Title | The Wilmington Gazette |
Masthead | The Wilmington Gazette |
Date | 1803-06-16 |
Month | 06 |
Day | 16 |
Year | 1803 |
Volume | 7 |
Issue | 335 |
Technical Metadata | Image was scanned by OCLC at the Preservation Service Center in Bethlehem, PA. Archival image is an 8-bit greyscale tiff that was scanned from microfilm at 400 dpi. The original file size was |
Creator | Allmand Hall |
Date Digital | 2009-04-06 |
Publisher | Allmand Hall |
Place |
United States North Carolina New Hanover County Wilmington |
Type | Text |
Source | Microfilm |
Digital Format | JP2 |
Project Subject | State Archives of North Carolina Historic Newspaper Archive |
Description | The Thursday, June 16, 1803 issue of the Wilmington Gazette a continuation, without change of volume numbering of Hall's Wilmington Gazette a newspaper from Wilmington North Carolina |
Rights | The SA of NC considers this item in the public domain by U.S. law but responsibility for permissions rests with researchers. |
Language | eng |
OCLC number | 601566405 |
Description
Title | The Wilmington Gazette |
Masthead | The Wilmington Gazette |
Date | 1803-06-16 |
Month | 06 |
Day | 16 |
Year | 1803 |
Sequence | 1 |
Page | 1 |
Technical Metadata | Image was scanned by OCLC at the Preservation Service Center in Bethlehem, PA. Archival image is an 8-bit greyscale tiff that was scanned from microfilm at 400 dpi. The original file size was 2148352 Bytes |
FileName | 18cen06_18030616-img00001.jp2 |
Date Digital | 4/6/2009 12:14:04 PM |
Publisher | Allmand Hall |
Place |
United States North Carolina New Hanover County Wilmington |
Type | Text |
Source | Microfilm |
Digital Format | JP2 |
Project Subject | State Archives of North Carolina Historic Newspaper Archive |
Description | An archive of The Wilmington Gazette a continuation, without change of volume numbering of Hall's Wilmington Gazette an historic newspaper from Wilmington North Carolina |
Rights | The SA of NC considers this item in the public domain by U.S. law but responsibility for permissions rests with researchers. |
Language | eng |
FullText |
wilmington gazet3te published weekly ly alix.'so hill at turn e doiuits a vt m - thursday june 16 ims ivoi r no ;:-. washington may o ji;dg orask's ckaroet , o'.i the first monday in this nonth the circuit cou-t of the united state vras held at baltimore by judge chaso imd judge winchester jndge chase j as is usui i delivered a charge to the j grand jury composed of citizens from | different counties of maryland a large majority of who-ts though nw linated by a republican marshal and drawn from a republican state was decided ly federal this charge may hi pro nouncvu th most extraordinary th*t the violence of fetliirali rn has yet i produced snd exhibits humi la ing r |! vidence of the unfortunate effects of i disappointtd animtion it isio be re i gretted tliit it hft not been officially j published as it is almost impossible ' without presenting i f entire to give 1 ' an adequate ifleaol its contents and us it would then have been out of the power ofparty i^irii to deny its ac'cu racy the following summary st ite : ment of ii 1ms been ready for the press i for more than two weeks ; but has been withheld until this t:me in the hope that the who charge would ap pear it is only necessary further to ; premise that it was taken by » per ■son present ; and that the public may j rely that it does not contain a senti ment that was not avowed by ihe judge though it mpy omit ninny re j marks that were made by him in i some emphatic sentences the words are nearly such as he used ; thottgh or he most part greater regard h^s been paid to the ideas thpo the lau '< fuage after a definition of the offences cognizable by the grand jury jtid^e < tluise said he hoped he should be ■pardoned for making a lew additional i observations he had he remarked [ l)ec:i uniformly attached to a free re 1 publican govtnvmerit and had actively ; participated in our revolutionary strag gle to obtain it he still remained ' warmly attached to the principles of government then established since j thot period ho"vevcv certttjn opinions ■had sprung tip which threatened with i ruin the fair fabric then raised it had been contended that all men had j equal rights derived from nature of which society could not rightfully de ' prive them this he denied he 1 could conceive f no rights in a slatc of nature which was in fact en j tirely a creature of the imagination is there iv as no condition of man in ! whch he was not under some modi ! scation svihjcct to a particular leader or a particular species r;fgov.eriimcht j"nu liberty did hot in his opinion nsisi in the possession of equal j rights but in the protection by the , law of the person and property of c j very member ol society l. |