The Wilmington Gazette

              wilmington gazette published fwctkt)*r alimahh jcfil~—~tob5day february 6 iafts no f aavms tkaa k wo«n u boathe w 1w hawt inuresta aa weh as tke deawafpit lull m of tbmabywbao,b>thiaui*—ii h would have to be awrchwi tbttmmd states arc not the vropartf 6f an btre«ury dmpot r tke rich prtm of amilha ad venturer whose favovritta and mk>wcra may batten on the apml of ftundtred pro vinces won by the blood and usaanri of their exhamtea subjects lut thtf farm the patrimony of a free and enligbtamd people who control whilst they amsthuat die arty fund from which the man and the money of which military power ia eawpiaed can be drawn it can never be tk intereat tketemra of the people of the united statca to subject themselves to the bwrthena and their libattiea to the dourm of a vtat a»v vtka a%3rwrnkd«c tnia fntsaawt h»elf,-u believed to be not more congtm«l to the gtehnga than to the bast intereka f • the union so long as their authority pee vades the territory of louisiana so loftg as their laws are respected and obeyed there in your committee are at t jiaa to concerre how the united state are more interested in the internal government of that territory than of any state in the confederacy by permitting her inhabitants to forte iheir o n regulations the voice of discontent would be hushed faction if it exist disarmed and the people bound to us by the strong tk of gratitude and interest the spirit of disaffection ahoum it be excited at any fa tin period by ambitious and unprincipled men would be in direct hostility to the obvious interest of the people of louisi ana whilst the ability of the union to repress h would remain unimpaired in considering this subject the committee nave not been inattentive to those forma of provincial government wbithhave heretofore obtained in t he remote regions of the u statca but they have found nothing in them worthy of imitation the second rr«d aa it is term ed is of the two leaa liable to objection but there are many of ita features which they are unable ta recommend their object is to give to louisiana 1 * government of iu own choice administered by officers of its own appointment in recommending the cxten ttastol this privilege to the people of that country it is not the intention of the com mittee that tr should be umc*onm«iica > by porution of wetgn slaves ;— a maoawrc equally dictated by humanity and policy > reitrictiona again the establikhmcnt of any form of government other than a re preseutatwo republic < against violations of tnc liberty of conscience the freedom of the proas and tbe trial by jnry 1 againat tha uxatioo of the lands of the united states < to whkh maybe added tor further security ihat such of the iowa nay bo disapproved by congress within a limited thaw after their passage aboil be of no force and effect these however are objects wfcich may be embraced in any bill which the wisdom ! of the legislature may act it to paaa upon the subject they wilt be proper subjects of consideration after the determination of the principal question the extension of self government to the people of louisiana your committee therefore sobaak tke follow i ing resolution xttoivtd that provision ought to be mode by law for extending to the inhabitants of louisiana the right of self government kew-orixans ■ fainat december 7 iso oaujtfi lteitiar/rm cookcil december 4 this day the legislative council of this territory formed a quorum and proceeded to business members present messrs ; poydras watkins,pouock,kiww morgan i dbrciere and wykof ; the council proceeded to the choice of officers aa fo)lows~-the hon m poydraa i president james workman esq secretary james m.bradford printer and isaac camp sergeant at arms mr kcnner was deputed to inform hia excellency trw governor that the council ] is now ready to receive any communication he may have to make . at twelve o'clock hit excellency met the council in the principal where he delivered the following speech ttluro citixtm oftht ligiilative council rkckivb my sincere congratulations on your present assemblage and permit me to accompany an acknowledgment of tke plea sure i feel on the occasion with an expres sion of my anxious solicitude for the honor and usefulness of your labors when i revert to the important events which pro duced our present political connexion and ' look forward to the pleasing prospects of : permanent aggrandisement ;— when i re flect upon our union with the freest people ! upon earth and our dependence upon the ■ jutt government under whose auspice a fouwg nation has to soon become powerful id amttht an unexampled advancement t ogricwhute knit extammti of commerco yh kberty lawa and uninterrupted -*•*; too astaataction with wffich t con monm tke run rt destinies of kia territory ; hr evtalted only by my admiration of the ttoom and virtue whkh have diffused oucn jfswcat bletsings and promise under ike ; mvour of heaven their perpcvuiiy . to you gentlemen h ftrst committed the htponani trust of giving such laws to thia ohhshlng dlstrtet as mat wants shall sug frit aad the irrtertat of the citixena may qulre a trtiu important and arduous : ht one of which patriotism and talcnta will ca a rakhful and abk discharge 1 coa ly fook to m genuemtn for tfcese f«sn1catlona add i doultjol b your li gs wnr-*j ktoat «• rtlrlssnals oboo tb»obstacua bowevcr.'wo have to aormomt ought not to be concealed to miacmlculaii them in any way might be injurious i-1 to esteem our dutlea too light to requirt xtraomlinary exertions would be to err in oho extreme i to be dismayed by an appre hension of tsjeir gigantic weight woulcfbe equally unfortunate on the other to know that they are wuhin the compass of our pow ers and not rnutb below them is the happy means which encourages exertion and hsjum success for my part i am deeply aomlkse of the delicaey and importance of ttb sitnation in which my prettnt oftce places me i enter upon it with a degree of diffidence produced by existing ciicuna atancea and the expectations of tke district y only sources of confidence arc your wis dom and experience and in an honest intention on my pan to assist your councils in every . measure that may tend to promote tha pub lic good the territory of means in some points . may be considered at a new territory j but for the most part as one snore than matured — miic i to be created but more rcfon erated too great care therefore cannot be taken to draw the true line of distinction between those part of tho system which require only to be strengthened anal iboao that demand reform innovation in on im petuous or carries hand often due injury ; but wqen evils exist tho indolence or timi dity tbjt refuacs to extirpate them partake in ike criminality f fiommisaiob tiegln ji»k*wt tke as-oak with nsoiiloti ■( out it is ywor province to prepare your country for the political rank that awaits her the first object of your attention i trust will be to provide a system of jurisprudeuca stilted to the interest and as much aa pq sfbfe adopted to the habits of the ehuawv this subject ahowld indeed receive *• earliest attention for unth some judicial or garu'ution is directed by tho legislature the trrfitory will rcmajn exposed to groat in " convenience when the ameriaan cotp misaioaera first arrived kere we found nsou of the former spanish authorities abolished and no courts of justice in existence — daily in expectation of some fixed government and anwilnog to exeroise my temporary powers in matters of such permanent impor tance i mode no systematic attempts to organise regular tribunals of justice ■ to meet however the wishes of the people and to promote what i thought their interest i etetapuabed an inferior court of limited ju risdiction tor the city of new-orleans and in im cases of mote moment the beat ex ertions were mwf in the conn where i had the honor to preside to dispense justice with ai equal and impartial hand these and a small jurisdiction given to command ants and justices of the peace are the only arrangements of a judicial nature which were made during the late provisional go vernment but they were not intended or calculated for permanency and i persuade mysell that such legislative provisions will tpeeduy be made aa will give the judicial authority a more convenient and wise di rection . > on this eubject the act of congress under which your powers are derived has marked the outlines of your duty 1 the number of i superior judges ; the extent of their juris diction the mode of trial and number of sessions are prescribed to finish the de ; tail and give motion to the system ; to de termine in what manner those sessions should be distributed through the territory the forms of practice to be observed and above all the laws which are to be administered are objects of high consideration devolving t upon the legislature — in regard to too forma ! of practice permit ate to hope that they i nay be aa simple and short as may be consistent with equity and public conveni ' ence the tedious and expensive routine of forma which often embarrasses the avenue to justice and sometimes render it inacces sible i trurt are forever banished from this country a system of criminal jurisprudence is also a matter of your consideration i think it probable that on examination you will find tha existing code of criminal law imper fect and not adapted to the present consti tution of the territory on this subject i j cannot forbear recommending an energetic washington uuv»m §+** jn nw 19th mjt 4v 7 xmdtikk maw hf/nmrnf rwmmri m iwc r#wim|frc flp f «*. llri t/mt«»avr au « t3 rf tb muug ef tt prttidnt tf th vipd stuui m rrtohs u m atwfsfttm a/djat j*ra tfimirtmm of the urruory 4.jm mm to wao f*i rtfirrtd a iai>t}ot « urmaris m at anca idtguugt m « if^humiim tnit0€f yvow mmhthy mbtsft f 1 n»f ■ - ' 1m * '■ 1 - -* j ■ * report 4 m y x foaunifimt t wafovjar rgftmrf wir mtmtrioi of ttndrr /*<**'< ibtftnmti uttd hact ior00tt#aif wxjftufa s tko grievances wkscji have beamjflft ff f^^ft battv^baf at t«^b#4g^uv ' • jabaaai'tlafte eaaaaawtfai ■ taa 1bb " tnkimmfl^htt^ft^mi ' ikoaawa'dcn transitions of govern t to meh hue pokticat eventa bate nibjetaw the obitanta of louisiana bytlei*nowtver tfhey arc ascribed to a denial on the part of o united states of those rights and immu ! uee to which they declare themselves rstthfcd in virtue of the third article of the tjr which transferred them to our vo . inson and to the imnudiate enjoyment of wkteh tfcey now claim to be admitted it only wider the tortur th.t this article of u»4ftaty«l paris can remade to pesk the angoafe escribed to it by the memorialists ' - countenance for a moment that charge 1 of breach of itb which tbty have conceived , tkiawiawwia justified in exhibiting against i government • 8y that article it ia ati paiked that ♦* tk inlabiiams of t ceded ritory shall be incorporated into the won ine united stetee and admiudt aaaaba aa possible ttecordmg to the principles of ' - federal tonatltatfen to the enjoy itfent of the righta advantages and immunities of ritiaem of he united stale s and in the can time they shell fee maintained arid pro cted in tlie free mitymcttt of their nuerty ftroperty and the religion which they profit m they shall be incorporated iift 0 the tjnk . and admitted to what ? to the ertioy went of all the righta fee of america ht«»s-<whettt a aooa at u can be one m conformity with the principle of the ederal comthutlon 1 mean while u>iy ara a protected kc " "*■ covld any doubt be excited of the aend «•■ ef thia canatruciio of th engttah oa ' ngnage b the nanifeat abaurdity of til nctonng worda of the article which woum remkfram aa oppotite interpretation tbould ml to remore h pbr what necetiltf uw exitt lor | provision securing to the hibabitantsoflrfmiaiana the temporary enjoy lent of certain minor privileges « hen tbtir mmedian admission to all the rights of american ciihwna was one of the condftii»flf which tbeh cbuatry was transferred tat e united statea by mnce ? mhetherthf words m as soon aa powtble according the incrples of the federal constitution be understood to refer ttf any chaiige which in conformity with ia own principle might tome fotnre period be made in that in ktrwnent ; ot «• that provision of the con ■ itution which reqw'resthe rule of natural ion 10 be uniform they are equally fatal w tke cmm urged by the memorialists f ' ir rigft to an i<nmediate participation of ese benelts which they cannot poetess in tbeir full extent until admitted to their en vment by the principles of the constiluiion ne imputation therefore of a want of good faith m the govemmeiit of the united stales not more unanpported by the language 1 the third article of the treaty of paris than it it repugnant to the uniform tenor of american character from the com mencement of the national existence but because the memorialists may here jinrcciated too highly the rights which hafe dean secured to them by the treaty of cession •'•- claims of thv people of louisiana on e wisdom and justice of congress ought ua in the opinion of your committee to he thereby prejudiced relying on the ood aansa of that people to point out to jibem that the united states cannot have licu/red a beavy debt in order to obtain the rritory of louisiana merely with a view tq she excjuswe or especial benefit of its habitants your committee at the same nt earnestly recommend that every in ilulrtnce not incompatible with the interoata f the union may be extended to them inly two modes present themselves where by a dependent province may be hcm in cdirncc to its sovereign state force and utfcciion timi first of these is not only nurnaot to all our principles and jnttitu is of government but it could not be are odious to those on whom it might * " let habitant des territoires cedes seront incorpore dans 1'union des etata unia et mis auuitot fu'u tr possible d'tprtt in rxipei it la camtuution federah a la jouis aance tie toua leadroita arantagea et itnaau itea de't citoyens dea etata unit ; et on at .. ndaitt iltaemfit maintenut et protflaa ice treaty of paris of the 30th april l«03 art 3 system but by the term energetic i do not mean • sanguinary or cruel urm laws art not the weaker by being merciful it u not the severity but the celerity and f^intr of punisbnient that repress crimea while thin it a hope oi imparity mm fr«fim would brave even the axe or ih wheel who would tremble at detection when followed bjr a prompt and certain though « light sufierinff the caublitbrnent of inferior jowls of limited jurisdiction throughout the terri tory and the power end dutiel thereof will necessarily engage your attention ; anel in 4h«ir arrangement your own judgment and knowledge of the country will be you west goldes befere i fiuisjb.mk«baerva i■»s relating t judiciary aim me to ' ftai an qffcio . um bc toying m tfc tn«nd re iperf their charges to jurors nd ' ' their itghl opinions would disseminate >- ' formation at te the principle ami advaqtagr of the american government and abpve j all justice would be brought v the doors " ol our tdllov ctticena and might be obtained fredr without prici and promptly wjtfaout delay allow me alto to embrace tbe pri ftslf h«tii<»te jrou «• he ] inlwducuon autong us of the inemiambk privikp of trial by jbrjp > & privilege re 4aroughout the vailed fhaicaw * bar nor agaiosi oppremion and the wiwark of freedom some ineonvenieacics i am vm wit attend its irtt introdnctie but be insured k is well worth a temporanr ' wwra*mmat ; this mode of trial is bwulu we and 1 trust witl remain the pride and boas pfetery amcricun as woiher object of lcguhlii icafe 1 imttmucst your attention t jbe inhrei qon»«n!«t)ce and comfort f thift ty haviog an cxtenrire trade mi btifc **• residence of many crtiiens pf mmantil rfpvtatkm and tnterpnae nev-rorkans l ready ctafms htk rank happily ajtuaw on the only esective outlet that connect the western states and territories with the a it must become the grand deposit tor obunines which stretch from di ah«g>^f moumaini to the diitant and yet wocssferid > wesu frowiierr of j^mlslmt eojmriei nek bey end calculation in natural iwsoiifcea and dauy increasing in u>pulatiaa aud im proving in the arts to this city aa a centre the missouri ibe ohio tbe missis ppi d u their tril^mgr ffnu will anuah ewrwy their treasures and will ert long.be the charwek of a immense rtil»ir commerce me w-orleans ia moreorer tu om city or wwn in ikts territory the only general mrnrkjt for the eoaaumption or conmcrcikl 1 n»*w f property either imported or pro duced from th«eoil^-tlm city thert fore baa great claims on your most afectionatc pat rolwg ahhoogh not neglected heretofore cd of late greatly benefited by the care of tho municlpajhy yet much remains to be done •* 8pp «»«« ertetk police to im rovsthe streets to enforce cleanliness and above all to take oerr measure with u»s merciful aid of almighty cod to preserve the health and promote the eosnfortof tk inhabhanta a«d make charuablo proviuon fc^*«wofpoyeit»and»icknew how far therefore it may be expedient to enlarge the powers of tbe present municipality or to mt he cm of the city in a corporate body rfiftvrcmdr organbred » » enquiry worthy of your scriwts deliberation having said thus much concerning tho welfare of the commercial centre of tho territory my reflections are naturally turned towards the interest of agriculture on agriculture aa a basis rests all the real pros penty of"a country — the people who draw their wealth from tho soil they inhabit are truly independent among web a people commerce makes her moat liberal return and enterprise finds the moat agreeable seld for exertion commerce and agricul ture are as intimately connected a tho mother with the offspring to which abo gives birth and nourishes the real inter cst of the merchant and planter is the same and he te no friend to either who would wish . to divide them permit me to remind you then that the interest of the territory woufd be benefited by an early attention to our internal intercourse particularly to our rt vers creeks roads and levees and that some liberality judiciously applied to these sav&r -* ht u rtubdsd ■** in adverting to your primary duties i have yet to suggest one thsn which none can be more important or interesting i mean some general provision cor tbe educ tion of youth if we revere science for her own sake or for the innumerable benefits sho confers on society if we love our children and cherish tbe laudable ambition of being respected by our posterity let not this great duty be overlooked permit me to hope then that under your patronage seminaries of jcsrnirg vi)l prosper art the means of olvmt ix