Columbian museum & Savannah advertiser. (Savannah [Ga.]) 1796-181?, April 15, 1796, Image 2

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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%