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VOL. I.
Jp’or ilje Columbian
MeJJrs. Powers Seymour,.
■ jp| T appears by your paper of the Bth
J. instant, that our modern Gracchus
is very desirous of getting out of print.
He as well as others may re:oUeft,
iliac it was the opinion of Civis at fir ft,
ithat he fnould not be able to do juitice
Ho Gracchus at one fitting. However
tdifagreeable therefore his Situation may
be, and notwithstanding he may wim
ever so much to Jcit Ik, yet Civis rauft be
as eoc-4 ns his word.
it ‘ to be hoped therefore that you
vin .cep him ux print a little longer,
as his features will ncctrurily become
the more prominent, and consequently
I enable C ivis to touch them off more to
the life.
So much of the picture as we have a!-
read} taken, bears fc very strong a re
fembiance, and our “hero kems ic con
feious of it, that Civis is not the icalt
surprised at the fit of rage which has so
violently seized on him.
It was the fame with Cataline, the
moment he perceived that he could not
carry all before him, and tread under
foot, the government, the law, and the
liberties of the citizens, he “ declared
cloud that be would extinguijh the fames
that were ra j'cd around him in umverfal
■ruin.”
Gracchus aided nearly the fame part.
When he wished to carry his seditious
projects into execution, he declared that
the rights of the people were invaded,
and their liberties infringed. The more
general the opposition became tohisfe
ditions —the more he deemed to be un
der the influence of his passions, and his
exertions so much the greater to animate
the unguarded part of the citizens, and
to keep them in the dark.—“ The wild
beefs i aid he, have their dens, but the
citizens of Rome, who are called[ themafiers
of the world, have not a roof to hide their
heads, nor a foot of land for a buying
face. ’ 1
When his seditious proje&s were
likelv to be totally difeovered by thole
of the citizens, who had taken the trou
ble to ferutinize into them, and he found
that he had incurred just suspicions, and
was likely to be routed out oi his lurk
ing place, and exhibited to public view
in his true colours. —He “ called aloud
that his life ws in danger , and endeav
ored to inter est the people in his prejerya
—But all his artifices had noefreu.
The consequence was as Civis before
related, Gr T.us loft his life on ac
count of hi ? iitions, and fame hundreds
of his adherent - fell at tire fame time.—
He was a-nun, hiitorians agree, ex
treme 1 *! ambitions c-i power,cvcrlaiting
ly proclaiming hi merits to the people
—His paftions had so complete an aicen
denev over his reaion, that no duty
whatever which he owed to his country
was any kind oi bar to his seditious pro
jects.
But our Gracchus appears to be quite
angry that kC .11 ftrious namefaks lhould
bespoken of so irecly by Civis, anc
fays that a celebrated modern author,
(G oldfmith) shall be the umpire between
Civis and himfelf, in refpeift to tliecha
iafter of the Gracchi, and then com
mences his quotation from Goldsmith
in the middle of a page.
“ Thus died” fays that author “ Cai
ns Gracchus about ten years after Ins
brother Tiberius,” without telling us
how he died, or what was thecaufe of it,
as if oy,e illustrious modern Gracchus
kwould make us believe that Caius had
f i ved a very quiet life, and died peaceably
in his bed, much lamented for his vir
tuous actions, when the very packet a
b lodgement of the history of Rome writ
ten by Goldsmith enpurpofe for fchool
boys(and which doubtlers our Gracchus
carries about him,) in the fame page he
quotes, declares that this fame Caius
G racchus was obliged to fly his country
on account of his ieditions, waspurfued
—had his head cut off and placed on a
spear : and that not left than three thouft
f nr id persons were killed at the fame time
and for the fame conduct. Would this
nave been the end of the Gracchi,, had
. they been tlluftrious for their orderly
behavior or for their virtuous conduct ?
Yet those are the iliukrious charac
ters, our hero so much extols. Some
REASON and TRUTH impartial guide the way.
men may think it immaterial wh.ich way
their names are celebrated, whether for
virtuous aftions or seditious projects,
whether for true fame or for infamous
deeds.—’Arnold became renowned for
his treafor.sand Shays for his ieditions.
The name of Gracchus fays our hero,
was a common name in Rome. That
there were no others of the fame name,
Chis did not alien, but he affirms that
there were none others of the defenp
tion of those before mentioned. No
doubt our modern Gracchus may with
it to be believed that his lessons have not
been taken from those illustrious exam
ples, before mentioned, but your readers
will draw their own inferences, as his
pocket volume mentions none of that
name but those already mentioned.
The deception here attempted to be
practifed upon the citizens, brings to my
recoiled) n another very much like it,
in a pamphlet, entitled, “ Siciiius’s let
ters,” which ■ have been informed were
very artfully .and secretly disseminated
throughout the remote counties, feme
time before the lait election, in order to
tnifleadancf deceive the unguarded.
‘I be writer of those ietters in his
feccnd number, pretends to enter into
what he calls a con ft deration of the na
ture of the landeu property, or vacant
territory belonging to a community,
and the power, the fovercign or iegiiia
ture oi a nation pollelies in refpebtto
such property.
Aker reciting from Vattell, chapr.
20. Book ill. the following words, to
wit, “ Where a nation in a body takes
(< possession of a country, every thing
“ which is not divided amongst it's
“members remoi is common to the whole
“ nation, and is called public wealth.”
He deceitfully omits to recite the lec
tion immediately following, which is a
clear and full explanation of the one re
cited, and which reads in these words—
“ As soon as the nation commits the
reigns of government into rne hands of a
Prince” (or legiftature) “ it is consider
ed as committing to him at the Arne time,
the means of governing; Since then the
revenues produced by the public pro
perty, ‘the domain of the fate, is vic.it ineci
for the ibpport of government, it is na
turally at the princes” (or legillatures)
“ tkfpofal, and ought always to be eon
fidered in this light, unless the nation
has in express terms excepted it in con
ferring the fuprerne authority.” In
the next page of the fame book, are the
following words—“ If the revenues pro
duced by the public goods or the domain, are
not fufficient fr the public wants, the fate
nicy jupp y the deficiency by taxes . What
a molt concealment of
the truth is here difeovered in Sicilius ?
Whether our Gracchus to lerve par
ticular ends, oceaftonally a flumes differ
ent names, Civis does not knew, but the
conjecture is certainly just, that the per
son who will once practice deception,
will not hefitatc at a second trial.
Now the moment an attempt is made
tofhow how, when and by, whom the
fundamental laws of our country, arid
the rights of every man in it areattemp
ted to be trodden under foot—that in
fant Gracchus exclaims— The people are
robbed of their rights. Ihe rights of eigh
ty thoufand persons are torn from them—
millions unborn arc ruined.
Compare this langunge with that of
Cataline end others, when their villa?-
nies were iikffiy to be defeated. Ob
serve the ftmintude of conduct (making
proper allowances for the difference of
taients) between those Roman incendia
ries, and our Goorgtan incendiary. >
But let me al, what dees this lan
guage mean ? Is it intended ‘o stun the
citizens into a lilent acouie r crce of his
measures, that he may ride triumphantly
through and over the government and
the laws, as he pleases ? Mult it not ap
pear to every man, who will not turn a
deaf ear to the language of reason and
the lellbn of experience, that he has been
humbly imitating fome pernicious exam
ples, and has madly purlud his ccuric
lb rar, that like Cataline, Robcfpjere,
and other dilturbfc s offociety, he dreads
public investigation.
Civis flatters himfelf your readers
will excuse the foregoing remaks, as
Gracchus seemed to charge him with
miftaving the character ©fine Gracchi —
FRIDAY, April 15, 1796.
He will hasten to such other paragraphs
of Gracchus’s ft ? column piece, as can be
under flood.
It will be remembered, that Grac
chus in aalwer to the Citizen, said, lie
admitted and supposed “ no one would
deny the p ropriety and juitice ot that
authors remarks, in lair conftitutionul
and legal contracts.”
In his elegant reply to Civis, lie
chufes to vary his language a little,
and will only admit “ for argument
lake,” that a court and jury are the
proper tribunal to try “fair constitu
tional and legal contracts.”
The only difficulty he at last seems to
have on his mind, is, that fome of the
principles ttated by the Citizen, arc ta
xen Toma pamphlet written by Paine,
and not altogether the Citizens own
work, but Civis thinks it immaterial lu
which of the two they belong, so that
the principles and reasonings there stated,
are functioned by the government of ‘he
United States, and arc admitted in every
free country whatever.
G raccbus then at lalt “ admits for ar
gument fake only” that a Court and J u
ryarc the proper tribunal to try “ fair
canftitutional and legal contracts.” Ci
vis will ever meet him on his argument
fake admission, and beg Gracchus to be
so good as to inf orm the public what oc
cauon there can be for a court and jury,
in a case where there can benodifpure.—-
If the parties interested admit the con
tract to be fair, constitutional and legal;
how can any controversy arise to give
jurifdicVion to a court of jaftice, or give
ground to alegiikdive body to annul.
The fame truth applies where both
parties admit the contract to be unfair,
uneonftitutional and illegal; in such case
the parties to the contract terminate the
affair by mutual confer* t because there
can be no difpu.e where both agree; It
is therefore in cases where one party af
firms a contract to be fair, constitutional
and legal ; and the other party affirms
that it is not (as is the present instance)
that a difputecan arise, which the wis
dom of our political inititutions,’ has de
clared fhail be referred to judicial cogni
zance only ; and have determined in the
molt express and unequivocal language,
that no hgifiat i<ve declaration of any one of
the fates, shall ever impair, much less an
nul the obligation of such contracts. To
fay, therefore, that any case is not of ju
dicial cognizance, because the contract is
fair or unfair, constitutional or unconsti
tutional, is to assume the truth by one
party, of the very point, which is dis
puted by the other.
If the purchasers, or the Lords pro
prietors, as our modern Gracchus, pleas
es to call them, were to affirm their con
tract was fair, constitutional and legal,
and that therefore neither the state, nor
any person claiming under her by virtue
of a subsequent falc, could (in case it was
not so) apply to any judicial tihnnal for
relief, it would juftiy be thought a lord
ly declaration, and no doubt treated
with contempt : Yet reverse the case,
and this is the language held by Grac
chus in the elegant and pcrfpicuous
whcrcas part, and enabling part of his an
nulling law.
The Louifvilie assembly therein fays,
in substance, that cc whereas there was a
certain pretended grant oflands, founded
on a certain usurped law of the 7th day
of Jan. 1795 : The fame is enacted and
declared to have been void from the be
ginning, and is unfair, uneonftitutional,
and illegal.” What effeC’t docs our
Gracchus intend this declaration of the
Louifvilie aflembly fkall have ? Is it
intended as concluftve evidence of the
faCts roundly afierted, under the many
whereas’s, or does he intend it shall op
perate as a decision (without appeal) on
thefairnefs, conftitutionaiity and legali
ty of the contract of purchase ?
In either of these cases, he will cer
tainly not deny Civis the ufeof his own
interrogatories, only reyerfing the party
putting them. Ought the com t lies
to reter their suit to the Sta.w of
Georgia, when the conflagration of
the records at Louifvilie, will wimefs,
and the testimony of Gracchus is admit •
ted to shew that every man in it (except
ten or a dozen) are concerned ? Is it pro
per to break, through the old principle,
that no maa kail be judge in his own
cause * ‘■jl'vm in t? c . cry way G rac
chus delire-. f. fhou.cl, t..at no roan or
body of mcnV in be judges in their own
cause, A tW, tmls cane id anfwei, ; r is
■' % jfoe hop *d Gracchus via allow me she
luk of liw own principle. The tedimo
’ny ji the forks of the Alibrma (it they
can prove what vou lay) will pre\ent
two of cur Judges from giving a deci
lion on the case , they being as you as
sert, interelled Judges. And it tire
testimony of Gracchus is admitted to bo
concluiive, not only the present, but
fu tu jyyfene rations of the hate o Gcor
gia -i ff.d be rendered incompetent ro de
cide on the fame principle of being in
terefbed J udges.
If I had anerted that there was
particular tribunal or any particular
form of action necfcbary, and exclulively
proper for the trial of this controve*ly ;
I wo dd certainly proceed to shew, that
the Itate having authority to enadt all
laws ti • are not ex peji fMo y or made
to obligation of ttntmSiSy might
easily ‘-Pfe had a trial ot tIG ‘conilitu
ur: ci.ity ahd Jairnefs of the purchase al
luded to ; but as I only laid down tome
general undeniable principles, rcfpeddingr
the difference between the power:.* of
government, and particularly between
judicial and legislative powers, in or
der to shew that the present dispute was
r of the former kind and not of the lath"” ;
and also 10 shew that the constitution or
our counfty had been moll wantonly vio
lator! by the Loufville Aiicmbly, with
out to inftrudl you, Gracchus
(who I now find not 1 to be a pedlar in
law, but an “ wermatek jfyr Ci-visand alt
the bar ofGeorff’) where and how to
bring your adtion. I (hail proceed to
examine what you alien about felling
‘and disposing oflovereignty, where I re
ally think you excel yourfelf (if pofil -
ble) in obTcurit'y and - ednfufion of ideas*
Gracchus fays, “but no,t only the
toil, but the right et fovereigirty was
difpofbd of by the usurped adt.” Ona
really would have expedited (after thisaf
ferrionj to find fornc put of the usurped
aft quoted, that grunts away tins fo~
vereignty ; but it I rightly compre
hend our Gracchus, he would make ir
out that a relinquifament of the right of
taxation, until the companies choose to
be represented in the Hate legillaaire, a
- to the sale ot the iovereignty..
I have attentively per a fed die ~ei, and
have not been able to find any thing;
like these words.
In head therefore of searching for clear
diflinct ideas, in what Gracchus* has
roundly aiTertcd about sovereignty,
(where no ideas are to be found) i will
fee if I -am able to throw any light on
this fubjedf,
i T y n rclpcft to the political date, its fo
verrignty is coextensive with its
butjthe right of foil, and right of jurif
didion, are not neceflarily connected.
G racchus may polhbly be the proprie
ty r of a house and lot by gift from the
hate, or by purchase from the perlbn to
whom it was granted ; yet this conveys
nothing but the right of foil ; the righr
of foyereignty remains in the society at
large, fubjed to the reftfaints laid on it
by the confutation.
Was there any condition in your
grant, that neither you or your affirms,
mould fell you •* he r .t and lot, to the king
of Great-Britain ox the Dey of
If there is not, according to your doc
trine, your grant is void.
Will you, Gracchus, urge a r v to
bind others, aacl rejed it as uppli._; „:e to
yourfelf ? I can hardly believe your
plan mature enough yet to aitcrt, that
your merits, great as you fay they have
been,.in wading through fields of blood,
entitles you to a superiority of |rights*
Now, G racchus, all that is required on
this occasion by others, is to hold lands
on the fame terms that you do.
It is an eternal principle of natural
jul'tice, on which the Independence of theje
fates is founded, that taxation an J rep re
fentatio/iy are concomitants. And, Grac
chus, it may not be improper hereto re
mark, that another ot the reafor.s affignrd
• for our {operation from the old govern
ment, in that memorable infer ument,
the Declaration of Independence was,
“ For us ojthe benefits of trial
by jui_
Have “ you fought many a toilforr.e
day to cflabliili th j fudepeudea :coUhu
No. i