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I t. ‘ t • 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 -"Sit • •