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v fVOL. I.] 1 L JI'GCrSTA- PRINTED BY DANIEL STARNES & Co. PROPOSALS gT o aniil jtarnes Sc co. , U 'ikirt h * toutlj Ncnsfofcr lit THE CITY OF AUGUSTA, To BE ENTITLED Mirror of the 'limes. TIIF universal promulgation of .1 »nd the gchtral df flrib'Jtion of know- E«objJ*ofthe firft m {—•country where liberty has left trarea 1 h cooluli* •!>« o£ , M p an, “" h " Mot ’ laid the Great Lord Bacon unU with virtue” it certainly Zn Where i K norance rc ' gP, T icctriuxnpb* and delponfm govern*. A. Stoi enhghtened authority will be " «!& morality restored. Knowledge & ;« are the base. ®f frredqm-the one ffib'im our rights the other teaches ■wr duties; the fir ft shew. us how to litruathebeftpofDble form of govern- Z., the last requires us to obey at when con I ,;,, but in a public it is abfoiutely ne .,j JfT that corrtd information flmuld he Li diffufed and easily obtained: For to 'tii the fttfU who govern. 7 b,y never irteotionally etioofe bad leaders or approve r . O , metres, yet they arc liable to error _„e them true details and they will judge on ftaii grounds the people al nnform .ft! ?*»««; whenever they mis take their own intoreft ‘tis owing entirely to WBto f information in the many or want of konefiy in the fnv But exlimivt political in f-nraton is not to be acquired without much . bbcur, *r,d few have leifuhe to ftuc’y the hJtnn,compare the opinions, & peruse the ju-ttofLocke, Sydney,Gibbon, Hume & Vittel. If an acquaintance with the true wiwiple! of government & duties of a citizen old he acquired culy from huge folios Iceifufe treatises, it would be fcldom sough t rif fought, the plough, the hatchet, and t e fsw must fhnd (fill. Some cheaper and cider means of fatisfying curiosity and information must therefore be Med for; and where is intelligence, titapnefs and convenience united with more sdvautage, than in the elofely printed col sstns cf the humble News-paper ? Our Btiuirymct appear so well convinced ®f tie uiefuli efs of periodica! prints, and have b*ery liberally encouraged them, that we kem it unnecessary to iufift on their me r 't Ediiniolt hesitate to rtqueft public pat »n«ge lor another News-paper eftablith fect. We cm prnmife little except what atten tiiiß,lioncfty & industry can perform. The principles of our Paper, like our own, will be Republican, “ but the fame freedom of opin io which we claim for ourfelvcs, we with s I others to enjoy.” Civil and Religious liitrty is the birh right of evry man, and hvhottill not extend the fame indulgence tj) parties, and allfetft, which he willies (■■hitown, is already or deserves to be a Ire. To fepport Religion and morality will kc"rpride— to encourage literature our tdeavor—no communications calculated to •ceither will be refufed ;no hint will he l*T dC( j ln * free country it is neceflary eiaw fliould be neither vague nor ™ wn \ s ’l public adt* of the State leg- be puhlifhed as they be MIWOR OF THE TIMES will be tir° ‘ Ca,lVaf, F ,,hlic measure With i a j;J’* ndm examining the conduct of l»J, CU *’ a * c^ars °f government—it h "^"7^° iJ ° r,ykutm no CONDITIONS. I OF THE TIMES will he \ Pjhhfhed every Monday, on a royal Type Sn excc * lent T ua lity, and good Mi? riCetofubfcrbm wi » three t!lmce Per aDnUm ’ *** balf year ’y in s 'ml r c r for advertisin g will be fifty 4thirf C f < ‘ uare lor t be firft insertion half for.acheon ißhfcrfh perWl L b<f de, ' v ered to Town 'befe f.' ,rP , at,^r * r P' ;lrc * of abode and in Mc l* 1 6 j oun,r y **H he dene up ti\e. k * *“ d delivfc red at the pott le Subscribers, W Uo,| rCnio I Ctl their StoC k of t*cimj e ,i | S l ?, 1 le Biore formerly Cl y l Ws - a » } d •penina * " hcre tiie )’ just ft 1 mv f n, sive (7ss °rtment of "ft 000 DjS. Sistr’ 1 •«Ots y JK assort,ne nt of 'lie n ’ .' ( u,:e v will dispose of ,^:*onl;aXa WeUrmSithe >’ IITY OFSUT "»y * defined r ti l f c,! " I>osstb'»y or /i;' y " or . Koche cc V in v dFt MIRROR OF THE TIMES. Mr. GILES’* SPEECH, On ihe bill more effectually to en force the Embargo lazes. Here the president is authorised to use the military force to remove settlers from the public lands with out the intervention of courts ; and .the reason is, that the peculiarity of the case is not smtetl to the juris diction of courts, nor would their powers be competent to the object, nor indeed arc courts allowed to interfere with any claims of indi viduals against tile United Stales, but congress undertakes to decide upon all such cases finally and per emptorily w ithout the intervention of courts. This part of the bill is, there fore, supported both by principle and precedent. Whilst speaking of the distrusts of courts, I hope I may be indul ged in remarking, that individual ly my respect for judicial proceed ings is materially impaired. I find, si r , that latterly in some instances, the callous insensibility to extrinsic objects, which in times past, was thought the most honorable trait m the character of an upright judge, is now bv some courts entirely dis respected. It seems by some judges to be no longer thought an ornament to the judicial character, but is now substituted by tne most capricious sensibilities. Justice was formerly painted blind, as a proper emblem of ibis honorable insensibility to external objects, but modern justice might more properly be represented by the most bright-eyed Goddess of the whole Pentheon. Trembling alive to the influence of ail exter nal objects, and so replete tvith ir ritable feelings, as, upon some oc casions, to approach almost to hy sterical affections. When judges so far forget the true character and dignity oi their stations, judicial proceedings cannot long preserve the respect heretofore attached to them. The next objections are made against the 9th section of the bill; it is in the following words: “ That the collectors of a ll the districts of the United States, shall and they are hereby authorised to take into their custody specie or any articles of domestic growth, produce, or manufacture, when there is reason to believe trial they are intended for exportation, or when in vessels, carts, waggons, sleighs, or any other carriage, or in any manner apparently on their way towards the territories of -,\ so- i reign nation, or the vicinity there of, or towards a place whence such articles are intended to be exr or. ted ; and not to permit such arti cles to be removed until bond with sufficient sureties shall have been given tor the landing or delivery of the same in some place of the U. States, whence, in the opinion of the collector there shall not lie any danger of such articles being im ported. The objection is, that it violates the 4th article of the amendments to the constitution ; that article i* in the following words : “ Art. 4. 1 lie right of the peo ple to be secure in their persons, papers and effects, again**, unrea sonable searches and seizures, shad not be violated j and no warrants ' sliah issue, but upon probable cause supported by oatbot afhrma- 1 lion, and particularly describing the place to be searched, and the persons or things t 0 be seized.” if this section or any other, vio lated this or any other article, word or letter of the constitution, the bill would drop unsupported from j my hands. The cniy question, " hicli arises between tins section and the 4ih article oi tire eonstitu" tion is, whether the seizures here authorised are reasonable or unrea sonable z 1 believe that every per son will conclude that when pro perty is intended u> b<* used to vio j Ute the lapsed tire United States “ hold the mirror Li* TO NATURE.’*— Shakespeare. WEST END OE BROAD-STREET. and to accommodate (heir that it ought to be seized, and the object ol its owner prevented ; stub scizur-, therefore, cannot be deemed of course not unconstitutional; as to search j !n g, there is no power whatever in the section, giwn to enter into houses, nor to search them either with or without warrant, neither in the day nor in the night time, and of course tho clause respecting Searches, can in no respect whate ver apply to this section ; Seizures under less imperious circumstan ces are justified by all your reve nue laws, See. Etc, and as one case in point amongst others, I \touicl beg to read from the 4 h vol. ol laws sect. 6s, page 3X9. t( An act to regulate the collec tion ol duties on imports and ton nage. Sect. 03. 7’hat every collector, naval officer and surveyor, or oth - er persons specially appointed by either of them lor that purpose* shall have tuli power and authori ty to enter any ship or vessel, in which they shall have reason to suspect any goods, wares or mer chandize, fc c . I have never heard of any com plaint from this mode of proceed ing in collecting the revenue, and there certainly ought to be none against a similar provision for en forcing a due observance of the embargo laws. it is said this section violates the sth article ol the amendments to |he constitution. The mere read ing of this article will be sufficient to shew that it has net the rerno test reference to any part of the section in question. It is in the fodowing words: “ person shall be held to an swer for a capital or oiheiwi.se in famous crime, unless on a present ment ol a grand jury, except in cases arising in tiie land or naval lorccs, or m the militia, when in actual service in tirue of war or public danger ; nor shall anv per son be subject for the same offence tube twice put in jeopardy of lit, or limb, nor shah compelled in any criminal case to bo witness against himself, nor be deprived ol h:e, liberty or property without due process of law ; nu r shall pri vate property betaken for public use without just compensation.” No private property is proposed by this section to be taken for pub lic use, either with or without com pensation, but merely that it should be held for tiie owner until he should give security that lie wouiu not thereby violate the law. I btv leave to icfer to a case in point to justify this provision: It is in t'ie 6£hn section of the revenue law just read. 4th vol. page 390 ; the words are tiie following ; Sect. fij. i fiat all goods, wares and merchandize which shall hr seized by virtue of tins act, shal be put into and remaui in t!»e cus tody of tiie collector, or such 0111- er person as fie snail appoint for that purpose, uyiil mch proceed ings shall be had ash-, this act are required, to ascertain whether tin same have been i'ortcitcd or not,” & c. I lie 70:h section of the same act extends the doctrine of seizure for the violation of the law still turfher. It is in the following words ; “ Sect. 70. That it shall be the duty of the several office, s of the customs to make seizures 01, and secure any ship or vessel, goods, wares or merchandize, which snail be liable to seizure bv virtue of this or any othet- act of the U- S. respecting the revenue which is 1 1 ovv or may hereafter be tuacted, ! as well without an within their ! respective districts.” The rnoft alarming objec tions, are suggested to be co n lamed in the following clau* e bi the lOih led ion of the bill : | ** Sect. io. Andbe.itfurther | :naaed f Thai the powers given to the collectors either by this or any oilier act resetting the em bargo, to detain any veftel, or to take into their cuftodv any articles for the purpose of pre. venting violations of the embar go, Ihall be exercised in con. lormity with luch >ii(hu£lions as the president may give, and such general rules as he may prelcnbe for that purpole, made in purfuauce of the pow ers aforefaid; which inftrufcii* ons and. general ru es the col- Icclots (hall be bound to o bey:” I his clause merely provides for the transfer of powers pre. vioufly given to the collectors, 10 the president, for the purpose of producing, as far is pradi cable, uniformity 6c impartiali. tv in their execution. It was hardly to have been expetted that ingenuity itfeif could have found an objection to this pro. vision : But it is said that this clause gives the prefwient’s in flruHions the force of law. It certainly does in relation to the objects to which they are dirett. cd and limited. What aiethele objeds ? They are incidental occurrences arifirig in the course of the execution of the embargo laws which can neither be fore men nor guarded agamft by legislation in any other way be. caule they are incapable of de finition ; ibis provihon relates to events and details not in ex iltence, but which mav proba. bly happen ; events and details, therefore incapable ofdefintion, and of course cannot be reached by legislation without aid of the executive department This caie feives to illustrate the gen eral principles I laid down re f| e&ing the transfer of lcgifla live powers to the executive department. But, fir, as great itrefs has been laid upon this objection by the opponents of the bill, permit me to examine this dothinc in reference to the pre.exifting praflice of this gov ernment with more minute at tention. In this examination it w ill be found, that at all times firice its efiablifhment, when it hrad an object in view that could not be defined, and of courfe’ could not be reached by iegifla. tion, it has called in the aid of executive discretion for the pur poie, sometimes with more, and sometimes with less iimiiation and, refit iclion. ] n the fit ft place let me call your attention, hr, to the aft of the last feflion of congrcfs, to authorife the president to suspend in whole or in part the several embargo iaws; in the following words: An act to authorife the pre sident ofthe United States, un der certain conditions to suspend the operation of the at! laving an embargo on all ships and vefldsinthe ports and harbors of the United States, and the fe veial a£ts fupplcrnentary there to. “ Be it enacted by the Senate i and Houje of Wcprefentanves of j the \jnit'd Stales of America , in congre/s a/fembled, That in the j event of mch peace or fufpen-' fion of hostilities between the belligerent powers of Europe, or of such changes in their measures effecting neutral com merce, as may rendei that ol he United States lufficiently fafeiu the judgment ol the pre- MONDAY, Februajv 6, I<o 9* [ Merit of the United States, i lie is hereby autborifed during ; the recess of congress to suspend in whole or in part, the aft lay ing an embargo on all (flips and veiled in the ports and h rbori of the United States and the fevcral afts fupplcniemary there to, under such exceptions and reffriftions, and on such bond and (eturily being given as the I public interell and ckcumfian ecs of the calc may appear to require, provided such (us. pension (hall not extend be yond twenty days after the next meeting of congress.” “ Approved, 8 2d April 1808. 1 Itc principle upon which this bill palled, was that it related to an event not inexillence, but which might have occurred du ring die recess of congress ; and if it had taken place, it would have been all important to the interefls of the people, that the suspension of the embargo should take place in conse quence of the happening of the | contemplated events ; congress I therefore v aster extending kg fU- I ttion as far as it could go in de | lining the circumftanee in which I the suspension might take place, | did not hesitate to trud to exe_ ! cutive dilcretion for making the necefi’ary decisions and arrange, merits refpefting ail other cir. cumftances which might occur but which could not be fote feen ; becauft they depended upon the will of foreign nation, which could neither be antici pated nor controlcd. JJut, fir, perhaps gentlemen will be in clined todifielpcft this piccedent bccaufc it was adopted without the lanftion of their votes. I will therefore, turn their atten tion to a precedent functioned I believe by the unanimous votes of both branches of the legisla ture, and certainly by the votes of thegemleman from Conneft. icut [Mr Hilhoufe] and myfelf, and approved by the then'prc fident (Gen. Wafhingfon.) X allude to, the aft paired the house of the representatives on the 30th May, 1794, in the fol lowing words— approved the the 4th of June. Be it enacted by the Senate and Woujc ojKepreJentatives of the Untied Slates of America in congress ajjembled , That the prtlidcnt of the United States, be and hereby is authotifed and empowred, whenever i n his opinion the public fafety (hall so require, to lay an embargo on ail (hips and vefl'els in the ports of the U. States or upon the (hips andveffdsof the U. States or the (hips and vessels of any foreign nation under such regulations as the circum fi a rices of the may require, and to continue or revoke the fame, whenever he (hall* think proper. And the preliden t is hereby fully authored to give ail such otders to the ofiw ficers oi the United States, as may be necelfary to carry the fame into full e fie ft ; Pro vided, ihe authority aforelaicf (had not be exerciied while the congress of the Uni.ed S ates fhali be in felfijn, and any em bargo v. inch may tie laid by the prdide.it ataforefaid, (hallccafe and detejmnie in fittejn clays I ota tiie actual meeting of con <i; e i- s s ntxL laying the Ume. [No. XVIIJ.