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* • rqot out
prudence ?
ough fields of
e j>eople of this
~rs contending to
>
. neighbour C racchus,
citizens'to hold their
die fame general rules of
,u claim tohijjd yours ? Or
,*un to make thy> the firfl in
t<t fa claim toexclufive exemptions,
c “ toiljonifhVaysyou have fought,
ihojefield* 9 blood yAu ha ve waded
jghr u
il hefe words arc not.repeated to de
ad from any merit pyou mays have in
,iis refped, but I am nt>t fpr allowing
.11 this (as tar as it may be pdvJpG
rodeftfojr equality of rights in a free
republic, of which J am a native citizen.
Civis is flrongly prepoiTefled with the
opinion, that Gracchus is not a native
Citizen, but an Exotick, end that he mujl
have beet/ JorlmtouJly tranfplan fed into this
lap l, at a happy moment for hurt. This
A conjecture is grounded on this circum
stance- that native citizens of tlr Coun
try (and others who think rightly/who
’were engaged in bringing .-.bout the late
happy revolution (manv of whom had
idiieh to loose) fay very little about
‘■ the toilsome days and the fields of
blood they waded through,” conceiving
h to have been their duty, and therefore
to make a merit of it, would be improper.
1 think it very poflible, that lome of
< ore arillocrats, spoken ol by.our G rac
eme, may h..ve been of this inscription
of citizens; and probably lome of them
may have spent many a wearisome day
and llceplels night, between the plains
of Lexington and the Bluff of Savannah,
in defence of their country, at the fame
time that their families were obliged to
f y from place to place, for security
So much Gracchus, at present, on the I
Lore of blood and merit. S
But to return, Gracchus fays, “no
perfonbut the date herfelf could judge
of tile infringement of her sovereignty.”
Let us fuppofc a yafe. The fate a Herts
-her sovereignty extends to pa fling an
ex pojf fafio laii, to take your house and
lor buck again, which the’ conflitution
declares it has no right to do. fs tlie
declaration of the flat# concerning her*
foverfcignty in this particular, no where
examinable, but by herlelf ?
Again, iuppofe at a time when the
Bate ii in profound peace with the In
dians, the legifliturc declares her to be’
artually invaded by them, and allerts
Her fovreignty extends to declaring war,
and railing an army to earn the war in
to their country. —That army is
railed by the Governor, and pur under
the command of one of our Major Gen
erals. The conflitution of the United
States, fays, “ no Hate without the con•-
” lent of congress ihall declare wa r , un
” lei's actually invaded.”—The Refolu
j lun of the ailcmMv of the 15th of Feb.
declares that this state now expe
riences lavage invasion—Give us the
Glutton of this point, Gracchus.
U thefc he your opinions, be so oblig -
ing as to inform us what you think will
become of the conflitution of the United
htates—C iris’s poof penetration can
dis over no other way in such cases,
than to declare the conflitution an xfor
fed act audio annul it.
G aechus ifi 11 persists that
lignces of the grantees, may convey to
the King of G teat- Ri icain, or tl>c Doy
<ff Algiers, netvithitanding the law
Hays, “ That the fcveral grantees and
“ theiraffociates ihall not be entitled to
” dispose of the laid territory in part, or
** in whole, to any foreign King, Prince
<( Potentate or power.”
This difficulty, Civis thinks lies al
ready been fatisfaftorily answered, but
supposing Gracchus’s cases about Icafes
to be law, and giving them all the
weight they deserve; they do not apply
to the grant of the western lands. There
is aiyoln ious and well known diilindion
bcrCveen a condition inherent to a grant
of land, and a collateral condition or
covenant—Where a condition is parcel
of the demise, and one of the terms upon
which the grant is obtained, it will run
Vvitn the land, tho’ it pass through a
thousand other lands, it conftitutcs
what fome law writers call a bridle
io the ciUte, and affefts all who arc
privy either in tenure or contract—The
words of the firll law writers we know
ot, (speaking of conveyances of real cuate
bit ween individuals)* are thefc, if the
condition be such that the feoffee ihall
imt alien to such a one, naming him,
•vnich condition docs not take away all
power of, alienation from the feoffee 1
then such condition is good. I'he fame
authorities fay, “ Isa feoffment be nude
upon condition that the feoffee ffiall not
Jicn ln mortmaine, this is good, because
Columbian slufeunt, &g
such alienation is prohibited by law ,
and whatsoever is prohibited by law,
may be prohibited by condition.
Is not the alienation (in this case) to
any foreign King, Prince, Potentate or
power, prohibited by th* larva itfelf, and
this prohibition inserted in the body of
the if rant ?
o
It would be very extraordinary if a
Hrgiflature co*ld not preferibe the terms
upon which lands purchased from them
should be held, and more so, if decisions
at common J#w flrould overrule a stat
ute, lpecially deferibing upon what con
ditions a particular parcel of land fhali
be held : all the 1 ales spoken of, refpeit
conditions in deeds between private in
dividuals.
Gracchus fays, that Civis a!ks one
queltion, which dderves an aufwer, and
that is, u how Ihe monies paid into the
“treMiiry for lands, and received by
“ Gracchus, and the otiier members or’
u the lw.fl aflembiy tor wages, Hill re
,f remain there.” Gracchus anfwcrs,
that the members were not paid out oi
the monies paid for the lands, This is
the firll time Civis ever heard it de
nied ; but as Gracchus appears to be so
very ready to deny it just now,, and
never pretended to deny it before, he is
by no means fatisfied on this point :
However, without having it in his
power to refer to written proofs at this
moment —Let us take G racchus's own
words for.a solution of this business.
“ f here is,” he lays, *‘ a great dif
ference between money drawn from the
treaiury by legal authority, and money
taken from thence by an interefled indi
vidual, in the former calc (that iswnere
it is drawn out. by legal authority] the
evidence the warrant on the tuna re
mains in the treasury, and the Irate is
liable for the amount of the evidence if
belonging to another.” What are we
to infer from these words of Gracchus ?
Surely (without further teflimony) that
the money paid for the land was drawn
out of the treasury by legal authority,
(that is by the members of Aflembiy,)
and the presidents and speakers warrants
lodged in the treasury in lieu of the r.ajh.
A concise summary of this correfpon
dcnce with an additional remark, will
put an end to these observations.
t It appears from Gracchus, inanfwerto
the Citizen, and in reply to Civis, that
theconftitutionsofour country have been
grossly violated by the Louisville aflem
•)ly, inaimuch as they in the firit place
attempted to impair the obligation of cor.*
tracks. In the iecond place, in
judicial powers, and thirdly, m burn
iag the /acred records of the fate —and
ali this Gracchus tells us in one line was
done, K< cooly and difpaJJionatrlyP’ and in
the next, that it was done with juf pub
he indignation. —There are but two
matters, and thwfe of a collateral nature
that he has attempted to deny ; firll
that trie members did not pay thcmfelves
out of the I a zoo money, and again,
that theaiiigncci of the* gramees° can
convey to whom they picnic, not
withllanding the words of the law.—
Ol those two eircumiianoes the public
wih judge between us.
Asa proof that the f.ouifville assem
bly, did ailume judicial powers, and c
rcht thcmfelves into a court, (I wont fay
oiyuf er) the following words of Grac
chus will prove, Before Civis excep
ted to the jarifdi&ion es the legislature,
to decide on the co flituticnality 0 f the
ijurped ail, he ought to have pointed
out a more proper jurifdidiou ” Here
is a public declaration, that contrary to
the canflitution, and contrary to the
principles of every free government,
that aflembiy did ere<ft themselves into
a court and assume judicial powers, not
only to impair and annul a contrail, but
to traduce the characters of one party
to the contract under th t fankiiou of att
thority. —Without notice—without be
ing iummoned to attend—without being
called on or fullered to produce any
proofs—-without an opportunity of cross
examining—without an opportunity of
defending themselves personally, or by
attorney—without even a fight of those
damning proofs , * before they were ex
•ubitrd to the world through the medi
uin of the press.—More may be said on
tfiH part of the business, on fome future
occaiion.
’ i(>m the lublimity of Gracchus’s
metaphors and figures, such as emetic,
tpleen, bile, liable, & c . diffufed with so
much grace and judgment through his
iait elegant performance, I aT firll paused,
ana at lull had nearly been thrown into
a panic and as poeta nafeitur tt non ft.
1 not be futpriled if Gracchus
continue* in print, that his next would
a c f lto dr/pair, for he appears as
capable of making rhymes, as the poet
p ho could turn fcoresof couplets Hand
ing on one foot, v .
A • civis.
iror tljf Columbian
Mcffrs. Powers & Seymour,
ASubfcriber” of yours has lately
turned critic, and although his
obfervations'arc fome of them found en
ough on the,writings which have been
exhibited in your paper, vet the fub
feriber docs not flop there, but criticifes
on the indecent hmt with which the an
nulling law was carried.—A yaTtic ought
always to have the work he enticifes on
before him—Was he at Louisville when
the law was carried, or has lie taken his
view of this indecent heat 41 feconuhand,
from the deferiptions oi the interfiled ?
Had he been at Louisville, he would
have known that there was no heat, but
what the fire which burnt the uibrptx
adoccaiioned.— i'he Icgillaturc, as coo!
as the critic, took those ileps which ap
peared to them effectual to reitoie the
rights of the.r fellow citizens. Had
fie reprefentativcj n t e ’gidature %-
turned without tiiat iefloratio:i, as the
members of the contention ‘in Ma r
iait did—they wou'd have beeirhugi--
ed at by the Yazoo holders, and iioo
ted at by their conflituents.—The an
ger of those holders i> every where roo
fed ; the’ indecent productions on theii
fide lbew that the boiinch is effectually
defeated—the great object now, is to
raifean odium agaiuft ue annulling law,
in order to carry members in the next
legislature to renew the corrupt falc of
the weltern territory—let the people
look to it.—The fubferiber ‘may have
been serious in his eifay, but those fide
wipes to raise doubts, shew a concealed,
detign—let him remember that a fall'e
friend is more dangerous than an open
enemy.— If this be the case, his belt way
of silencing those he complains of, will
be to filenceTimfelf.
Criticifnvisa noble science, but little
underitood; and we have evidence that
fome criticife, without knowing what
they criticife on.—Much has been laid
about the judiciary ellablifhment, and
companions have been drawn between
the present eftablilhment and the last.
I lhall not attempt to decide between
them, but it is certain that a gentleman,
high icated in the lait eftabiifhmcnt, un
dertook to criticife at Louisville on the
annulling law, pronouncing it a d~— and
filly thing for the term republican aris
tocracy was in it, which did not exist.
Was not this law critic a binning aright
to annihilate in a breath the ancient re
publics of Genoa and Venice, which
have been ariftoeraticai republics for
ages? Whilst he preiumed ro denv the
authority o. the legillauirc to annihilate
an ad replete with corruption, and
which, as ihe fubferiber acknowledges,
two thirds of the community were poii
tive in a charge ci measures a^ainlt.
Another h uescriber.
DIE TOFkAT iSB GN, Feb. r.
< On the 29th ult. the General Assem
bly of the Empire unanimouflv resolved,
in all the three colleges, to pay the far
therfum of one hundred Roman Months.
In the art of opinion of the empire, lent
to his Imperial majesty. it is Hated,
“ that as the F rcnch government had
refufed to enter into negotiations with
the German Empire, it was ablolutely
neceflary to carry into effect the decree
of the Empire, made on the 22d of Dec.
1794., for the express purpose of meeting
luch an event, to unue all-their Itrength,
and put themselves both in an offenfive
and defenfivc situation, so as to compel
the enemy to comply with the with of
the head of the Empire, and all the
States to conclude a.peace cm the grounds
already fpecitied : and that for this pur
pofc the chcits of the Empire contents
to pay One hundred Roman months, the
payment of which to be made in four
different terms, the firll in four, and the
three others at the end of fix weeks fuc
ceifively ; and that all the arrears are to
be demanded with the greatcit Uriel
nefs.”
The ifionclufion of tlic Princes was
laid down as the basis of-the opinion of
the Empire, when granting the one
hundred Roman months, by a majority
of voices. I'he College of Cities in
their resolutions, had not named “a fixed
number but left this to the majority,
Fhe Duchy of Bremen, with the rest of
the Brunswick votes and Lubeck, and
Holltein-Gluckftadt, declared on the
29th, that they had not received any
inllruftion*. Hefle Caflcl declared,
that it could not take part in the con
iultation at all; and Magdeburg., Bava
ria. tkc. referred to their former dec
larations.
Gen. Count d’Erbach, who at pre
ient commands the army of the Rhine,
has lent a letter to the ImperialMinif
ter, Baron de Hugel, that the sum of
hall a million was required for promo
ting and repairing the fortification* of
Ments, Ehrcnbreitftcjn and
burgh; and that more than a million
would be required to put them aga! ,1
their former situation. Tire Coiv.mifla
•ry has communicated this ’letter to tiie
Directory ;but the Ambaflador laid th?t
iney could give no ani'wer, us they bad
not received initru&ions on the business,
BASLE, December 28.
f( r l he following is a true lift of the
I'tench Hate prifouers, who were ex.
changed,
“ Bournor.ville, the War Minuter ?
Menoit, his Adjutant; Villemeir, his (
Secretary ; Camus, Bancal, Lamarque,
and ‘ - puties to the Conven- 1
tion, and Foue.ft, Secretary ; ail deliv
ered up to the Aultrians by Dumourier,
Semonville, appointed French Ambassa
dor to Conftarmnople ; Marlet, his
Secretary ; Maret, appointed French
Ambassador to Naples; Drouet, a De
puty, formerly a poll matter at Varen
ne, and nine iervants.”
LYO NS, 1 N ivofe.
The admimllrators write, that the
affluence tur the payment of the forced
loan in so great, that the receivers are
obliged to fit up all night. Several pa
triots in commune of Soiflbns have en
tered into a fubfcrlption to pay the con- g
tributions of indigent < ivi/.cn?, and of “
persons too heavily r,v; * 1... The / have
lent to Paris Hit gnats, specie, and plate
for that purpose.
For G 1,/iS GO IV,
Th e BRIG
TRY ALL,
WIIL Mon Smday,
s>£-sdn. freight of a few bags of
Cotton, or pa huge, apply to the M a fi
tter onboard, at AlexanderV art’s wharf,
or to EWING & M‘CALL.
March 4, 1796.
For Liverpool.
The New SHIP
WILL Tail about the
middle of next month, having part of
her cargo engaged. For freight of tho
remainder, or paflage, apply to the mast
ter on board, at Smiths Wharf, or to
i ROBERT BOLTON.
Savanrikh, April 8. (n.u.)
I-or Martba-Brae, Jamaica,
*~gk, Fhe New SWF
jA MOHAWK,
Win. Southerland,
HAVING ellgantac
commodations for paflengers, will fail,
about the 24th inik—For Freight or
paflage, apply to the mailer on Toard,
or RICHARD DENNIS.
Y ho wiibes to contra ft with feme
per fun to deliver him ONE HUM
OR ED THOUSAND
White Oak Pipe Staves
During the present Summer.
April 12th, 1796. ni 2.41.
F O R~sTTiF
sit Putnam's IVIIARF,
®The Brig
MARGARET,
A Staunch strong Vef
fel, about 90 Tons, well
calculated for the Guinea
Trade, or the Weil-In
dies. For terms, apply to the Captain
on board, or the fublcriber.
HENRY PUTNAM.
Savannah, March 29. (n8)
For Freight or Charter,
If application is
made immediately.— bhe will take a
Freight for Europe.— Apply to the
Matter on hoard, or to
BO ROMAN CHILLS.
Savannah, 27th March, 1706.
Twenty Dollars Reward-
ABSENTED himfelf frr„a
the Sublirthers employ, a
yeah Negro Fellow, named iiaac, ‘
well known in and about, Sa-
jS vannah, has his country marks
on eacn cheek. The above
Reward will be given to any perlon de
livering said fellow to the fubferiber.
JOHN EPFINGER, g
Sarannah. April u, 1 nizr
No. fV%