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SATURDAY, March 3, 179» ]
THE AUGUSTA CHRONICLE
AND
GAZETTE of the STATE.
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FREEDOM of the PRESS, and TRIAL by JURY, (hall remain inviolate. Ctnftitutitn §f Cttrgim•
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AUGUSTA: Printed by JOHN E. SMITH, Printer to thi State; EJfays, Articles of
intelligence , Advertisements , idc. will be gratefully and every kind of Printing performed,
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Mr. Smftb\
Id justice to judge r ampell, be pTeifed to
publish the following Charge to the Grand
Jury in four paper: It is handed to the
public by the Judge himfclf, and may serve
to place in a true point of vieW that which
has appeared in a former one at the reqiieft
•f Mr. Gaitfcs. Be pleased also to let this
vote preceed the Charge when pubhftted in
your paper. ,
Tfbt C H'A RGE dtfivtrtd to tbt Grand “fury
iv Da vid Camptll , E/f. one of tht judges
of tbt territory of tbt Umttd Statu ftutb
of tbt river Ohio, at Augufi ttrm' 179 1 •
Gtntltmen of tbt Grand Jury,
THE more I am conversant whS that fyf
tern of jurifprudencc which conftitutcd
jbfica, the more I' admire the infiitufion.
Juries may well be filled the living bulwark'
es the laws.
That crimes May be prbfecuted duly and
it is neceflary that regular and
amthentic information of their exifttnce (hould
It obtained. To effed this, a public prose
-4, tor is appointed to manage the judicial bu
rners before the proper tribunals. Sometimes
the grdtod jury bring forward acctifatious from
their own knowledge; fombtime* they pro*
teed upon particular charger laid before Arm
by the public prosecutor.
Xt is your immediatebufißefr to make in*
quiries concerning such crimes and odknces
as miy have been committed againfi the con
iitution and laws of the United States; for
die constitution, and laws of the United States
which are made inpurfuancc thereof, and all
treaties made, or which (hall be made Under
thr authority of the United States, (hall be
•Bff supreme law" of the land. Indeed the
4onftitution and laws of the United States,
are the main ipring which puts all the other
Wheels of government in motion.
When men are so hardy as to violate the
fkbrsd laws of their Country, to infringe pub
lic add authentic treaties, they ought and
atufi be called to ab account ; and if magif
crates and other public officers did not take
cognizance of fucH things, it would bf an abo
minable prostitution of their oaths'.
Thus you are'to try, examine, arid with *
unwearied attention, call upon all aggrciTors
«f the law.
Government ought not, nbr will* they as
fume a right to'judge of the abuse of private
property, or to make prohibitive laws with
cefpeft to the use es it. The bufmefs of the
magifirate will be confined to what concerns
Che public fafety, inwird tranquility, and the
observance of the laws.
To anticipate the impending danger that
threatens this country, there will be a charge
preferred againfi some men for crimes, which
are new in their nature, and if unnoticed and
unpunished, would be fatal in their confe
rences : The men I allude to, and who will
be called upon to answer such charges as #ili
be exhibited againfi them, afiemblcd in a
riotous manner, proceeded to take possession
es part of a country, where the Indian title
is not extinguished, which is contrary to the"
articles of exifling treaties, and wave insulted
your chief magifirate and other officers of
government, who opposed their lawlels under
takings—This is not the kind of acknowledg
ment which the people owe to thole who at
tend to their bappiaefs.
GE ORGI A.
In a country likl this, where the chief ma- '
giftrate governs by the rules of justice ; where
the origin and raeafurc of his authority is re
gulated by fundamental and immutable laws,
his enemies ihew that they are enemies of the
date; because, by rebelling against the ma
gistrate, they rebel against the laws, which
are the Handing and unalterable will of the
people.
It is tree the awful sword of justice was
not put into the hands of the magistrate to
gratify private resentment, or even to follow
the emotions of public iudignation.
The law alone mud point out its own vic
tims, ,and here you will fee the law has been
greatly infringed,
To attempt a settlement at Muscle Shoals,
would have a tendency to excite dumeftic in
furreftton in this territory, and would inevi
tably bring on the inhabitants of our frontiers
the itritated Indians.
'Take cognizance, then, of such crimes.
Let not men any lunger plead their immunities
against the eff >rts of m equitable government.
If ttiofe adventures were to fuccecd in a
settlement, in violation of the laws of the
United States, is it probable they wauld be
the appcaTers of public aud dumeftic troubles,
the friend* of the federal government, and
ce-'operators with the magistrate i No, tor
it would be their imereft to fyread divitions
over this country, in order to get settlers for
their new government, and so this territory
would soon be the feat of animosity and con
fufion, and for reafous which at present we
biulh to think of.
Some men mfy exclaim, they ought not
to be restrained from doing what they please
in a free government: But, let them know,
that, in a well regulated society, every indi
vidual is only at liberty to dv what is most
conformable to his inclination an 1 his intc>cft,
provided it be not incontinent with the pro*
perties and liberties of others.
It is not oppression to controul unjuftifiable
and lawlcfs speculations. Oppreflio* couliits '
in impoiing labour and exacting tribute b/ •
compulfkm; in the violent execution of the
laws made without the coufent of the people ;
in the violation of' public, and the eitabliih
ment of private privilege. When mutual
accusations are the bent of all (be padions;
when a man may be feiztd'upoh in the midlt
of his children, and thrown into a dark dun
geon, by the fatedites, cither in the day or
in the night time; when* the crime laid to a
man’s charge is concealed from him ; when a
man is compelled to defend himfelf, and be
ing in prison for a fault which he had not
committed, is afterwards detained and tried
for a fecict fault which he had avowed; when
the trial is carried on without confronting the
witneffe* ; when sentence is pronounced with
out allowing the- accused pci lon to fay any
thing in bis defence; then may men fay they
are under an unjust, arbitrary and § oppreffive
government.
But, how different is the situation of the
citizens of the United States of America i
Here the crime a man is charged with is made
public : He is confronted by his accufdrs and
witnesses; and he is at full liberty to defend
himfelf either in bis own proper person or by
counsel.
Let me remind you, gentlemen, that the
more liberty a country enjoys, tbe more fa
crea ought its laws to be obutved, Thegra- I
[Vot. Tl. No. CCLXXXII.I
dation from liberty to anarchy is easy ; and
there are men enough, Who with to enj*»? tht
benefits of government, without performing
tbe duties of citizens.
That faying of an author who Teems to hart
well uuderftood the different fpriogs and mo
tions of government, is a true one, i. e. ** That
the public ran never have a firm existence,
unless all the different ranks of men co-opc*
rate in its preservation, not faintly 1 , but with'
the utmost spirit and vigor.”
But this national fpirft, which ought to
preside in the councils of the people, though'
it be not always to be found there, fcarc*
ever regalatts the aftious of individual*-
t hey have interests of their own, and paftion*
which tormdnt and blind them, and there id
scarce any one who would not rdife his pro*
fperity upon the public ruin.
Hence the neceflitr of controuling men t#
conduct themselves exactly agreeable to ex*
iiHing laws ; for no one is entitled to the pro
tection of government, and to’all the advan*
tages of society, without taking upon them*
selves the duties of it.
The voice of reifon can only rimtfirtse*
make itfe’f be hd »rd • hot the law Will alvfeyd
point out its owti victims.
It would bf wsll worth your attention t*
confider the diftinftinn bet Ween the power*
veiled ioCongrefs, and that which f>l*iy be*
longs to the different Hates, and individual*
of any state, Xtid you will fee that Congref*
alone have power to regulate commerce evea
with the Indian tribes; ahd that no indivi
dual state (hall enter into any treaty, alliance,
or confe leration, so that the fettling a coun
try, though with the approbation of an in*
dividual state, yet, if the Indian titles arc not
extinguished, it would be altogether repug*
nant to the laws of the federal government.
Thus, gentlemen, you aft with more than
censorial power. You do not only examin*
where the conftitntion and laws have been
violated, but you call the aggressors to trial.
‘We mud hot'be deterred from doing out
duty, for fear of disobliging those whose law*
less measures we oppose Sicred laws ! yon
must regulate our couduft. We mud not pro*
ftitute our oaths of allegiance to our country,
nor of office, through fear, favor nor affec
tion, to any man.
It i. perfectly right to examine th* proceed
ings of government with an honest bold'eft;
but the administration ought to be fpokCn of
with a decent refpeft. The measures, and
not the persona, ought to'be the objefts of in*
quiry.
It will certainly be allowed, that, howevef
jtiflifiable it may be to cenfurc oppressive mea
sures, yet a due deference ought to be paid tm
wholesome laws, and justice should be held
(acred and inviolable from man to man.
Goverument is only a name without law**
and laws are nothing unless they are enforced.
Is it to be arlways the unhappy fate pf tfai*
country to be ibvolved in confufion ? Why did
not those adventurers go to the Muscle Shoals,
if it belongs to them, without pafling through
our limits, and railing dilcontents among out
citizens, by teaching them for law that which
is do law ?
Be vigilant on the present occafioa. Let
such of the citizens of this territory as are
determined to be disorderly, know they Hull
uot go unpunilhed.