Mirror of the times. (Augusta [Ga.]) 1808-1814, February 13, 1809, Image 1

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j-VOL. I.] —"^rt'T>f—PRINTED BY DANIEL STARNES & Co. WEST END OF BUGAD-STREET. /l T Ol'J* a PROPOSALS ls dani*l*ta r neS& co. ''C*c,lV Os AUGUSTA. TO BE ENTITLED Mirror of the Times. <riljr universal proulijlgauonof ‘ 1 A th „ rcne ral deftribution of know “ d n htl« of the firft importance m Wfeil r C objca S oM iiber^ haS lcft trace* *^ c S e ! under every government C her footfteP , - nefs of Man.- wkich , h j Great Lord Baton with virtue" it certainly « B power. ignora nce reign* there a nd dtfpotifm governs. A* i L, enliehteued authority will be A morality restored.-Knowledge & ; “ hc bafe* of frecdom-the one j ""* ** _ our rights, the other teaches | tniinid* o* Ac S fft (hcw# u , how to , r ° t,he belt potlib'.e form of govern ni.Vher.lor.adT.M.grou-rv.ry ; SSTtei. i; T that correa information (houtd be S diffufcd and easily obtamed, For the pnfU who govern. 7bey never itcDtionally cnoofe bad leaders or approve wro cr mcafures, yet they are liable to error , S them ’rue details and they will judge ( 4dly-for on plain ground, the people al v .tj lonn just opinions ; whenever they rnif rtetheir own futcreft ‘tis owing entirely to , A , information. : n( ‘ <**«•» or want of Jtm. But exrirtivc jmuucai ill* nrnatoa is not to be acquired without much , I,tor, and few have leisure to fludy the j (iftw!, compare the opinions, & pem'e ‘he ' pj:iof Locke, Sydney, Gibbon, Hume & Va'td. If an acquaintance witii the true ; MiK'plesofg'.vcrnment & duties of a citizen 1 iruld be acquired only from huge folios , k duTiife trcAtiiea.it would be fetdom fought ; »r if Login, the plough, the haict.et, and j tfct fiw must stand hill. Some cheaper and | easier means of fatisfying curiofi’.y and j prucoriii' information mult tlierefore be ; looked tor; and where is intelligence,; eh.ipnefs and convenience united with more ] advantage, than in the closely print'd col- , smns cf the humhle News-paper ? Our toußtrjmcn appear so well convinced of ; the uMlibeftof periodical prints, and have ; 1# vtrj liberally enconr-ged them, that. we detm i: uimectffarj to infill on their me r! t indiimull htfnate to rcqutft public pac r'luge for another News-paper eflablifn- Wtcan promiferirtle c~ccp* what atten tion, hsnefty & induftrv can perforin. The principles ot our Taper, like our own, will be Republican, “ but the fame" freedom of opin ion which we claim for ourselves, we with ; ill others to enjoy.” Civil and Religious ! librtj i» the birh right of evry man, and : fewho will not extend the fame indu'gbnc* *>allparties,and all fs&, which he withe* brhisown, is already or deserves to be a , live. Tofcpport Religion and morality will I ifr our pride— to encourage literature our foceawr—no communications calculated to en either will be refufed ; no hint will ne In a free country it u uecelfary ■T Le taw fhotild be neither v?euc nor ■»»inown, a li public a&* of the State leg- I 1^ ure ’ W1 ’ 1 therefore be publilhed as they |«*tiohan(!. I j:‘, C 0f THE TIMES will be C3, ' V;,f, pub ' ic m£ afuce with ■ . m eianiinin K the conducT of S| as (^cfts °f government—it I CONDITIONS. I l ?h,^ IR i ROROFTHE T ™ES will be I£ of e?e T, A,onda y* a royal I V eXCC £Dt C i“ a!i »y. good 1 *dlltv Pri£eTnfubfcrbcr * w!,i be three 1 iZr anUUm ’ Faidbalf yearly in ■ H.T he price f or advertifmg will be fifty I E ? UJr^ r . t! ’ e firU I £S^ each cou, I TV fu!fcr,w Cr 7 i ! ! he deliv ered to Town I these ftr ‘ hf T I,li,ce * r,f aboc!e a °d I intek '^w^rywiUbedoneiip J Cface. k 3nd tltllver " d “t the Pofi |v Subscribers, I H‘ r VK r muVtc l <heir Stock of I ‘icm'ij/'k 1 7, ,, ‘ e tore o,l »er!y I fei T - V *' ' and I'iwiig ’ " lere tb 'y are just l tmMe/ I ’ I «^dwar4 I & t lery, , „\"ONARY, fc HUUURY. I ““ assortment of I ’ s «ir u„ r 1 le V w 'll dispose of | W '* b “.oSu ,ermSithCy ev Are ■ 6 * c ‘d in H> tliev Cun l^ssibly |* p, ! ’, !aCe ° r I | J' “ induce. I C .^4 C ar ‘ MIRROR OF THE lIMES. 1 ’.r._ J=..T-T-.= Mr. GILES’S SPEECH, On the bill more effectually to en force the. Embargo /arts. ( Concluded. J Extract from one of the existing laws: Sect. 74. “ That if any officer or other person, executing or aiding or assisting in the seizure of goods shall be sued or molested for any thing done in virtue of the pow ers given by this act, or by virtue of a warrant granted by any j udge I or justice pursuant to law, such i officer or other person may plead ; the general issue, and give this ao.t and the special mailer in evi. dence : and if in such suit the plaint ff is nonsuited, or judge ment pass against him, the defen dant shall recover double costs ; and in actions, suits or informa tion to be brought, where any sei f zure shall be made pursuant to J this act, if the property be claim ed by any person, in every such case the onus prebandi shall be upon such calimant.” •ane geintcma.. Connecti cut (Mr. Goodrich) not conont i with finding fault with the partic» ular provisions of the bill, has ventured to give it a general char. ' acter. Me has ventured to call it j“ a military despotism* This i surely would be a most alarming | mark to sramp on the forehead iof this bill. If true, the bill wouid certainly be left without an advocate, but, sir, before I en i ter into an examination of this harsh and uncharitable suggestion, j permit me to ask what is the si tuation of the United States at this moment, as it respects peace or war l—lt cau haidiy be said that the U. States are at peace, whe.n two belligerents are making war on them ; when some of the essential attributes of national sn | vereignty, are attempted to be forcibly arrested from them. The most that can be said, if we are at all at peace, is, that it is a peace i like war, and in my judgment | would authorise the adoption of any measure, which would be jus. tified in a state of war. And in tiie event of warfare we to expect to meet with little cavils and dif ficulties of this kind, with every measure which may be proposed for the annoyance of the coihtnon enemy ? I hope not, sir. if w c should, unfortunately be driven into war after so many patient ef forts to avoid it; I hope and trust , it will not be a war like a peace : But that the whole energy of the nation will be brought to bear up on the enemy both by land & sea. I hope the war will he vigorous ; and in that case, I am sure that it will be short an successful. Let me, then sir, under this exposition of our real situation, examine this terrible suggestion brought agaiust this bill— what is it, which has doomed it to this unwarrantable reproach ? The only section which has the remotest reference to the use of military force, is the ele venth, which is in the following woids— cct* 11* And be it further enac ted, I hat it shall be lawful for the president of the United States, or such other persons as he shall have empowered for that purpose, to employ such part of the land & naval forces, or militia of the U. States and ot the territories there of, as may be deemd necessary, in conformity with the provisions of this and other acts respecting the tmbargo, for the purpose of pre. venting the illegal departure of any ship or vessel, or ot detain mg, taking possession of, and keeping in custody, auv snip or vessel, or of taking into custody and guarding, any specie, articles of domestic growth produce or manufacture, and also lor the purpose ot preventing and sup preanuig any aimed or riotous “ HOLD THE MIRROR UP TO NATURE.” $/lCl«espcart. assemblage of persons resisting the custom house officers in the exercise of th>:r duties, or in anv manner opposing the execution ot the laws laying on embargo, or otherwise violating, or assisting and abetting the violations of the same.” It will be found upon examina tion, that this section contains no new piinciple ; hut like others which have been objected to, merely applies an old principle to a new object. In justification (A this assertion, permit me here to read an extract from an act of con gress, which will be found in the 7th volume of the lawy, page 3<>o, in the following words—they will be found to be precis, ly of the same import, with the material words of the sectiou under discus sion. A n act for the more effectual preservation of peace in tueports and harbors of the United State », and in the waters under their jur isdiction. “ Sec. 5. And be it fcfV. that whensoever any armed vessel of a foreign nation entering the har bors or waters within toe jurisdic tion of the United Staies and re-" quired to depart there from, shall fail so to do, it shall hr lawful for the president of the United States or such other person ns he shall I have empowered lor that purpose, to employ such part of the land and naval forces of the Untied States it the militia thereof \ as he shall deem necessary , to compel the said armed vessel to depart UV. Bur, sir, as gentlemen in the opposition may have more respect for a precedent in 1794, which pro bably received the sanction of the votes of all those then in congress, I will furnish them with one of that date expresly in point, it is in the following **ords-*3 vol. laws, page 92. An act in addition to the act, for the punishment of cernm crimes against the U. States* Ap proved the sth June, 17<J4. “ See. 7. Be it enacted £l?c. That in every case in whicha vessel shall be fitted out and armed, or at tempted so to be fitted out or arm ed, or in uhicu the force of any vessel of war, cruizer or other armed vessel shall be encreased or augmented, oi in which any mili tary expedition or enterprize shall be begun or »et on foot contrary to tue prohibitions and provisions of this act ; and jn every case of the capture of a ship or vessel vvithio the jurisdiction or protec tion of the United States as above defined, and in every case in which any process issuing out of an> couit of the United States shall be disobe) ed or resisted by any person or persons having the custody of any vessel of any'foreign prince or state, or of the subjects or citizens ot such prince or slate : lu every such case i: shall be law ful for the president of the Uni- ; ted States, or such oilier person as he shall have empowered for ! nat purpose to employ such part of the land or navui forces of the United States or of ihe militia : thereof, a* shall be judged neces sary for the purpose of taking possession of, anti detaining any such ship or ves&ci with her prize i or prizes, &c. in all these cases the principle is precisely the same. It is the application of the physical fotce ot the nation to tarry into effect its laws in different forms, accor. ding to the different objects to be effected by it. But, sir, as I know how easy it is to &Ui m the public sensibili ty by the suggestion of u military j despotism,” without examining I into its applicability to the case ! in question t I will take the liber-; ’y of giving a short history of the proceedings of tne government in relation to ihis subject. | in the year, J 792, shortly after tho establishment of tiiQ, govern 1 men?, it was foreseen bv congress, J th at a state of things might exist, ! which would require the physical 1 fsuce of the nation to be called faith to execute the laws cf the uni on, suppress insurrections, Jk repel invasions* At this time, bowe j ver, no occasion having occurred , to render a resort to th«s remedy { necessary considerable precaution j h delicacy were manifested in ma king the provisions lor this object. Accoidingly on the 2d day of May, irs2alaw for this purpose was passed, his not necessary now to read it, but merely to remark, tha: it was accompanied with ao many precautions, and consequent delays, that upon the first experi ment made under its provisions, it was found to be ineffectual. This occurred in the inturrec tioQ or the apprehended insurrec tion of Pennsylvania, and shortly after an act was passed for the same purpose repealing the act in question, and dispensing with most of* its dilatory ceremonies, which were found rather calcula ted th /defeat, than effect the oh. ject, in the event of a prompt and formidable resistance, &<;. This j aercontains the following amongst other provisions ; $ Vol Laws page I*9. “ An act to provide for calling i forth the militia to execute the i laws of the union, suppress iusur tions,and repel invasion*. A c . Sec. 2. That whenever the laws of the United Stares shall be op. posed, or the execution thereof obstructed in any state, by com binations 100 powerful to be sup pressed by the ordinary course of judicial proceedings, or bv the powers vested in tile marshals by this act, it shall be lawful for the president of the U. States, to cal! forth the militia of such state, or of any other state or states, as may be necessary to suppress such com battalions and cause the laws to be duly executed , and the use of the militia so to be Called forth may he continued, if necessary, until t he expiration of thirty days after t he commencement of the then n ext session of congress. Sec. 3. Provided always, and be it further enacted, that whenever it mav he necessary in the judgment of the president to use the military force hereby directed to be called forth, the president shall forth with by proclamation, command such insurgents to disperse and retire peaceably to their respec tive abodes within a limited time.” it cannot escape observation, sir, that the authority given to the i president to call out the force of the nation, was limited to the militia only, in both the laws re ferred to ; at that time such were tire apprehensions or fears of em ploying tiie regular land and naval forces lor tile purpose of cxcuting tiie laws, Stc that the authority to employ them for that purpose, was ; actually withheld from the presu | dent. Hut subsequent events have 1 taught us the necessity and pro ! of dismissing such ground | less alarms. I. tvus discovered by tiie insurrection of Burr, that the i United btales might be attacked and threatened by the most seriotfs i hangers in parts where the militia | couid not be brought to act with effect, & it was rendered probable, that the most exposed and defence less parts would generally become the objects of attack ; accord.ngl^j congress did not hesitate to pass a | law, | believe unaiiimosly, (at least I recollect to have drawn the law. j and do not recollect any opposition to us passage) solely for the pur pose of authorizing the president | | to employ the land and naval forces ;in all cases in which h e wag pre- ! j viously authorized to call out the! : militia. The act is in u,e following : words : 8 Pol page 311. ” i *' An act authorising the employ- ; ment ot the land and naval forces cf the United blutes m case* of in- * aurrectiun. I MONDAY, February 13, 1399’ “ That in ail ca>cs of insurrec tion or obstruction to the laws either of the United Mtates or of an individual state or territory where it i* lawful for the president of the United States to call forth the militia for the purpose of sop. pressing such insurrection or of ••aiming the laws to be duly exe cuted, tt shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary lirst observed all the prerequisite of the law in that respect.” In all these cases congress pro ceeded upon this rational ground of applying the force to the object. It ts now proposed to proceed on the same principle and apply ing the force to existing objects. What is tile natura oi the obstruc tions to the laws now proposed tube suppressed ? Why, sir, they gener ally are forcibly seizing and car rying away from the custody of the revenue officer, vessels or other property seized by him for viola ting the embargo law#, ft ig a mere scuffle between the rtvcua officer* and onprintiple banditti possession of property. Now sir, in appiytng the public force to this object would it not he perfectly absurd to require that the president should be sent to from the extreme of the United States to issue liia proclama tion commanding the insurgents to disperse &c. when there sole object is to disperse, as soon as tile mischief is accomplished ?—this too would be almost instantaneous. It certainly would sir. This is surely a stronger case than the one which called fourth precisely a similar provision in 179-i lor suing, &.c vessels intended to be fitted out as privateers in violation of the existing Jaws; this case is before referred to i n the course of these observations. The neces sity and propriety of this provision is so obvious, that the people them selves have discovered the want of it, and are now beginning to ten der their services for enforcing the emborgo laws, i n places wnere they have witnessed their viola, non—and shall congress be deter red troni accepting tnis the honor able and patriotic tender of their services ? As an honorable testimo ny ot tins factj I have just had put into my hands the pamo., c reso lutions ofthe people of the town oi Mariilenead in Massachusetts. !“ e > arc highly honorable to toe patriotism, disinterestedness and good sense of the people of mat town, that I beg leave to pre sent them to tlie senate in their own words: “ M * ulCetin g of the freeholders , otners, inhabitants of the tewn of Marblehead, legally convened at the town house in & ai *o«n, on Tuesday, the 7th Ua >’ of December l|nß, at half pJat two o clock in the after noon. Ca pt- Richard James Moderator. :' c following resolves being rea ’ was uuauitnouiy voted that they pass : Resolved, I hat this town contin ues stcaufast ill the f a uh that the ein largo law was a law of wisdom, t at the president and congress o toe Dinted Sratet* are entitled am s ia!L receive our warmest thanks for their early attention to toe independence, liberty and just of the union, and particular ly the commercial part there of. Resolved , r * hat this town will use all the em rgy they possess to carry into full effect all laws the present congress have or may enaci lor the support oi our just ami equal rights as an independent nation, against tbe uf'juatirible, tyrannical, and imperial orders and decrees of tho belligerent powers of Duiope, by proffering 10 our coumry, our pro perty ami services. I Voted, A committee be appoint | td to toai.simt to Josepir 3;ory, [N'o. XVlli.J