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SATURDAY, D tttmber *», *787;
?
GEORGIA STATE GAZETTE
OR
% -**
f INDEPENDENT REGISTER. J
_
FREEDOM of fb FKESS, and TRIAL byJURY, to remain nmolat* forew. Ccmjittthm •/ Gmgia.
f *' - * - - - - t ■■ T"’ " ~ "■- *
y c, l* S TA: Printed b JOHN.E. SMITH, Pritter te tie State-, EJfayt, ArticUtcf
|7v*' i telSgaue, Ahxrtijemats, (sc. wtU it pattfmEy moved, tad every had as Printing ferjcrrni.
- '~?r ma z?SES3SESEZ*SEE~ , .. “ —1 ■■ ■ 1 ,l - -> -- :r \\ 1 ~ T ~"~ ? *••
i - ; v^e ' '*•", ' 5 ' 5 ~ *
//-* Fnnt -, 4
f !l iy!? G benfiwrediriAdeperAlof I
* Mr. vv.it * f edb, an the fabfefl of the
ideral Cm' entiva, and its becomings pe- <
'•*ra! y-i&tc. I do myfelf the plcafore dflaad
- to the public, through the channel of \
J yetirpipef, fsrroafly or iftin g thu the miner
therein contained, may have the desired in
fluence over the nidi of those /iVxjti
, rtniifM. who bcdtite adopting the Confti- ,
f ♦ union, Ipi! they be robbed off all their coo- J
iequeucc, pink, and ambition. *
/?.'• A Conk ant Reader*
i.
H » M r ~. Cjpttrrman and FrlUw Cit/xns,
TjPAVINGf received the honor of zn ap*-
‘ I~X point mem to roprefeat you in the late '
fonvfcutfbn, it », perhaps, my duty, to coot- I
ply with the request of Tnreral ptatlcicea, ,
whole charatteri and I fincercly j
irfpeft, and who hahe Urged that this wwdd
be a proper occafioa to lay before you any in
flate the principles «rn«wyiTti of the
Ccmfiitutioa that has "been fcbmilfctd to the
confute ration of the United Kates. I cen
/ef& that fam unprepared for to cxtrnfve ad
so important a dif»]«istion ; but the tnfidktes
attempts which ate elandietineJy and radnf
tripoffy made, to pervert and defroy tie new
J- plan, figure me the more readily to engage
in its defence; and the imprefioa of four
jnonth#,coaflaot attention to the fobjeft* *»
l jiot been ft) esfily elFared at to leave me with
outdif ahfwer to the objections Which have
It feill be proper, howvvef, before 1 enter
r into (joe refutation of that air ib
ledgfcd, to mark the leading ffiferimiaatioa
between the ftateco»nituti<ms and the confti
tutiofs of the UUUgd Kates. When the peo
ple eJ}abHflic<i the powers oflegiflztioa under
their‘ferrate governments, they invefled
tlifj/aegfefentativcs with every right and
anUHirhidi, they did nor in explicit terras
deSHPand therefore, upon every qneftion
refjfefftng the prjtfiftios of the houfc of Af
fetnjjlv, if wf frame of government is hint,
thepimdidiou is efficient and complete- Bat
in iffc legating federal powers, another crite
rion was neceffanly introduced, and tbecon
grejiona! authority is to be coHeffed, not
* fropt tacit implication, but tram the poiitive
gram exprefled in the instrument of tmion.
Hen« it is ejfidenf, that hi the former case
ertry thing which is hot referred is gha ;
hot in the 'latter, the rprerfe of the propofi
tioq.,pf«rails, and every thing which it not
gfero. -
This diflindion being recognized, wiHfor
' niih an answer to dsfe who think tile omif
£qo qf jrfell of rights a defeat in die pro- *
posed eihfttußoo for k would have been
fnperiluous and abfnrd to have fopubted with
a federal body of ear own creation, that w -
/Wfe Wj* >V ; *'v:'V »•
. flculd enjoy iLofe privileges of which we
j me tot dnefed, chief ly tie intcstio» or
tie *fi which Las liti-gbf the lody etc ft*
j isms for irI.MC, the liberty of the
1 Fiefs, stxl 1» teen a er fim fomce of de
• cSiSEat’co n®d c-f peftien ; wtat ccmronl can
proceed ftps* «Le federal government, to
: flat lie or defray that faertd jaHadimm of
iphitjl freedom. IT indeed, a power Cmr
lar to that which haslccn granted for the re
j pdathm off n-vUutite, had l ecu gmrted to
, icgnkte fiteaaiy fobßcations, it would have
lepu 2S necefary toiifubte that the literty
off the pefr ftouM he prefesved mriulßte, as
that the impo# ftould Lc general in its c-pera
lim. With icfpcft filewife to the partkclar
difiiifl of ten miles, srhiefa !s to le made the
feat of federal government, it will tmdccfct
lediy le prefer to olleitt this ialwaij pve
catstior, as there the Irgiflattve power will
le cxifeivcly lodged m the prefdcirt, fcnate,
atgl toufe off repicfcnuirvcs of the United
Kates. Hot »his tony ysm le an pbjeft with
tff cccrcsiK-D ; for it mtft naturally depend
y— cctcpafl, to which the citizens
ttfJWfiajtiy srtercßed will and ocsbt robe
parties ; rnpett,
ifea* to popular a privilege will in that uit le
rejltdrd. In truth then, the _ -posed sys
tem pofcßcs no inCoencc whatfoetrr ‘upon
the prefe ; and k would have been
negatory to have introduced a forma) dtcla-*
tarson upon the fobjeft ; n*y, that very dr- '
rkratioc might have been coeflrted to imply
that some degree of potter was given, feicc ,
»c undertook to dchue ks extent. ■',h*'rr
Another objeftion that has teen fabricated
again* the new ronfhctioß, in efeprgfirdlhP
its diingenious form—“ the trial by jnsy »
abclkl-rd in rivil cafes.** 1 met be egtufed,
tny fellow citizens, if upon this point I
advantage of my profeftoaal experience to
. dctcfHhe fotilky of rise adertion. Let kbe
► remembered then, ihatthcbnfincfsof the fe
deral revrraica was not local, but general;
not limked ro the views and cßabhAmcnts of
a fugleßate, but co-rxtenhve with the cen
tinent, and romprrhending the views and
cflabliftmccts of tbirtectr independent fovc
rcigntics. When tberefore, this fubfefl vyaa
in difeuffion, we were involved is difficulties,
whir h preffied on all £dcs, and no precedent
could be difcoverrd to&tfi our conrfe.
The cases open to trial by jury diffirred in
the diferent foifyjk was therefore imprac-*
ticable on that ground to have made a general
rule. The want of nniformity lfoold hart
rendered any refcrmcjp, to tie praflice of the
Cares idle and skids; adit could net, with
any propriety, |w W£ J* ,*e, trial by
jury ffioll bens beiertiore, force there fees
deuce, ro afoch the dcclaiatioo could rotate.
khset m all cases that the trial by
jnsy is adopted in civil pnffiou; farcasfts
crjCECirg m courts os apimnuty, iks an
a
1 l
4
TtK' T?4PLi7.i
relate to maritime captures, andfcchas are
agitated is cccrta ci equity, m sot require
tic itteiventkn of that Hew then
was the lire of le <!raw,n?
Tic cenvenuenfound tic talkioo difficult for
.them, ord they kit the. fcvEtefftas it flands,
ix ilc it Deft ctufr’ctc* list no danger could
pcffbly enftv, lace tfe ptoredkgs of the
ftpicne court are tol* tqguiated ty the Con
greit, w.biifc is a faitffcl icp refcntaiion of
tire people; and the eppreffon of govern
ments* efieftually barred, ty declaring, that
.n aßcrimual cak»®* trial ty jury shall be
piefeiTcd,
Th:f conflitctionit lor been urged, k of e
fcirkww tendency, lecaufc it tolerate* a
treditg army in the time of peace. Tbia
Las been a topic of pcpuiqr declamation ;
•and yet, J do rpt know a nation in tbe world,
abich Lea nut funll it cccefiary and ufeful t
to maintain tbe appeatantc of fircnglji in •
season of the nos profound tranquility. Nor
‘irit a to elt j >i»b tia ; lot uuder tie pre
sent attic ter of tcefcderstkn, Cougreficer
tainly poftfh tbia reprobated power, and
,p r iu xrt man power 18 proved at this .
me meet, by ter cantor meets along the banka
of tfccCfciot let wbat would be our national
filtration were it -c&ei*i£c i Every principle
of policy intflLe subverted, and tfce goveru
miret re til declare war, t sfore they are pre
pared to carry it on. Whatever may be
tfce provocatic n, however important tbe cb
in vievr, and however setefiary difpatcb
andfcciecy may Le, Hill the declaration rauft
precede tfce (pteparticn, and the. enemy will
be informed of your, intention, not only be
fore yon arc equipped for an attack, tut even
tefare you are fortified for a defence. Tbe
ccnfeqtence k too obvious to require any
further deliberation; and no roan who re- T
yards the dignity ar.d fafety of bis country,
can deny tfce netefliiy of a mifctarjfcxce, *
under tfce controul and with the rcflriftionß,.
w bkh the tew conflitutiws provides*
Perhaps there never was a charge made
With left rcafoe than that which predicts tbe
infiraica of a baneful ariflocracy in tbe fe*r
deral let ate. Thi* body brandies infp two,
cfceraAcrv, the. one fegifiativeand tire Qfbqx
executive. Ia iulegiiianjve charafler it caa r
efitfi no p rpofe, without tbe co-operation of ,
tbebonfe of representatives; and in its exer,.
cut he cfcar after, itesh accejr.pkflinu cfcjcflr
witfccut the ct ccuritnce of U* prefidcnt-.
Thus fettered, Ido not Jusow, any aft which
the senate can of itfelf perform ; aind fucb
dependence neccfatrJy precludes cvgiy idea,
of influence and fopcriorjty. hut I will con
fefs the*, m tie organization of this body, #
coxnprernife L«W*en contending
difccrusfcle; ami when me ref est how vari
ous are eke law*, commerce, habits, pppjn
btion, and extent of the confederated fates,
tt ewwpaadjt *w*o
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