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* ■ \ AY AN N A H, —Published on Tuesday and Friday, by I’OWERS & SEYMOUR, cornea or Sr. Julian Street, opfobitethf. Church: wher^cvkkci pucks or Intelligence are gratefully received, and all orders executed with a ecu mao . \ l , 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