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The GEORGIA JOURNAL •
AND
Independent Federal Register.
J’ub. twice a •wecl.']
Vol. I.]
FROM THE CITY GAZETTE.
Charleftcn, Dec. 10, 1793.
Citizen! Markland isf M'lvtr,
When an individual receives an in
jury from a set of men, whether those
men are acting under the cloak of of”
fice or not, the peace and happiness of
that individual is dilturbed, and his
good name, more commonly, fuffers
in the opinion of the people at large,
more than that it Ihould be defended.
Rut when the individual is attacked by
a powerful body, his liberty taken
from him, and his adions, nay, his
thoughts, are scrutinized, under spe
cious pretexts of publicjafety, it is then
no longer a private injury ; it becomes
one of a public nature. Citizens, it is
from hence that, through the channel
of your paper, I seek to produce to
my fellow citizens, not of this (late
only, but of the whole United States,
a relarion of< an arbitrary ad, which
although seemingly aimed at me, yet
ilrikes at the very balis of the political
liberty of my country. In giving this
relation, “ I frail nothing extenuate —
Tier set down aught in malice.”
On SUtnrday tlight the 7th inst. I
■was accoiled in my yard by a person
who came in at my gate, with the ulual
compliment of—How do you do, fir ?
I supposed him an acquaintance, and
when he came near enough to the
light to be difiinguifhed, 1 recognized
the person of colonel Wade Hampton ;
close at his heels followed two other
tnen ; these, with the colonel, I in
vited to walk in ; they entered and
fat down. Mr. Hampton prefaced his
business by flaying, that he imagined I
mull know what he came upon. I
declared my ignorance. He continued
his; preface, by faying, he presumed I
mult have heard the opinions andfur
mi fes which have been made on my
going up the country lome few weeks
back. I replied, that those reports
which he alluded to hud reached my
ears , w hile in the country, and preci
pitated my return to Cliarlefton to face
my enemies. He then produced his
com million, which was a benth war
rant, signed by Thomas Waties, and
’E. li. Bay (two of the aflociatejudges)
to take my body in cullody, for at
tempting to levy troops from among
the citizens of this Hate, and under
comrniflions of the French republic.
This warrant was grounded on a re
presen tation of a committee who were
appointed by the house of representa
tives now fitting at Columbia, setting
forth, * Thar clivers perlons, citizens
of this .((bate, have wickedly attempted,
under a. foreign authority, to levy an
armed force within this state, without
the permiflion and contrary 10 the ex_
press prohibition of the government of
the United States.’ This warrant
afted againlt my body only. I sub
mitted ; it was clothed with the au
thority of those whom the people had
chosen to execute the laws; and how
ever innocent I might be, it was the
part of a good citizen to submit. The
sequel, however, proved that more
“’as inten dec!, and that the taking of
uiy.body was the molt trifling part.
Colonel H ampton, after executing his
“ WHERE LIBERTY DWELLS, THERE IS MY COUNTRY.”— Franklin.
SAVANNAH: PRINTED BY JAMES CARET, ON THE BAY, NEAR THE COFFEE-HOUSE. *
duty as IherifF, produced another spe
cies of power, in the charadter of /pe
dal mejfengtr to the house of repreien
tatives : this was a search warrant,
signed by Robert Anderson, as chair
man of a committee appointed by the
house, and composed of Robert An
derson, Henry William Defaufiure,
John Rutledge, jun. captain Butler,
John Drayton, Timothy Ford, and
James Green Hunt, which declares
and sets forth, ‘ That William Tate,
Stephen Drayton, John Hambleton,
Robert Tate, Jacob Roberts Brown,
and Richard Speake, have severally
been concerned and employed in en
rolling the citizens of this Hate, and
exciting them to arm themfelvesin the
service of the French republic ; and
to march out of this Jlate , under officers
appointed and commissioned by the
minister plenipotentiary of the French
republic, and that the laid W. TANARUS.,
S. D., See. polTefs certain informations
of and in the premises, as well as di
vers records relative thereto, which
are neceflary and proper to be obtained
and brought before the committee, in
order to enable them more fully to dij
ckarge the trujl and duty committed to
them, as aforefaid, &c.’ ConfecjuentTy,
colonel W. Hampton was not only au
thorifed to take the above persons into
cullody, but immediately, notwith”
(landing excuses, negie&s, or refuials,
to compel them to appear before the
committee at Columbia. And more
over, to search for all papers, records,
memorandums or writings in any wife
relating to, or touching the premises,
which may be in the cullody of the
laid S. D., W. TANARUS., he. (and repeats)
‘ and all papers lo found, forthwith,
together with the persons aforefaid,
to bring before the laid committee at
the place aforefaid.’ Concluding with
requiring and enjoining all citizens ot
this Hate, upon being thereunto re
quired, to be aiding and alfitling—
as they frail anfruer the contrary at their
peril.
Citizens of America, after perusing
the above, attend to the following :
The Warrant from the committee,
declaring that divers persons are levy
ing troops, or an armed force, in this
state, without permiflion, and contrary
to the government of the United
States, and thereby declaring it to
be illegal, is acting under the procla
mation of the prelident of the United
States, dated the 10th of April, 1793,
enjoining the citizens of these Hates to
observe an exact neutrality respecting
the belligerant powers. Ihe third
fedtion of the second article of the con
stitution defines the power of the pre
lident, refpedting extraordinary occa
lions, and such measures as are expe
dient to be taken, in which the law of
the land has been silent, he may re
commend ; but it does not empower
him to create anew law, however
expedient it may be; In the third
lection, the firlt article, declares what
rreafon againlt the United States shall
consist of, i.e. the levying war againlt
them, or in adhering to their enemies,
giving them aid and comfort. Fhe
second clause of the sixth article de~
j dares, that this conftitUtion and the
Maws of the United States, which shall
WEDNESDAY, DECEMBER 25, 1793.
be made in pursuance thereof,or which I
lhall be made under the authority of
the United States, lhall be the su
preme law of the land- The sixth
clause in the amendment to the cou
ftitution, declares the right of the
people to be fectire in their persons,
houles, papers, and effects, againlt
unreasonable searches and seizures,
lhall not be violated : and no warrants
Avail be ilfued but on probable cause,
lupporced by oath or affirmation, and
particularly describing the places to be
searched, and theperfonsand things to be
feiztd.
The immediate following clause,
viz. the seventh, declares, that no
person lhall be held to answer for a
capital, or other infamous crime, un
lels on a presentment or indictment by
a grand jury, except in cases arising in
the land or naval forces, or in the
militia, when in actual service, in the
time of war or public danger.
The con/litution of the United States
is the lavs of the land, and on atten
tively peruling it, I cannot find a claule
which, in a molt diflant manner, can
be conltrued, even by the formidable
holt of lawyers who compole the com
mittee, so as to make it treason in any
Americah’s entering into the service of
the French republic, while that peo
ple are not engaged in a war againlt
America : for the third lection and the
fir! 1 article clearly, without a poflibi
lity of the wordsbemg explained away,
or diitorted to any other meaning,
fays, ‘ Treason againlt the United
States lhall conhlt only in levying war
againlt them, or in adhering to their
enemies, giving them aid and com
fort !’
The warrant by which I have been
treated as a save , has not accused me
of attempting to levy war againlt my
country, or of adhering to its enemies.
It fays that I have been concerned in
enrolling the citizens, and exciting
them to arm themfelvesin the service
of the French republic, and to march
out of this jlate, under officers appointed
and commissioned by the mihifter of
‘the French republic. Does this adt
constitute treason ? or can it be con
ltrued into a crime? By the law of
the land it cannot ; but by the pro
clamation of the prelident it ma*/
that is, in the eyes of those who think
there is infallibility in others as well as
the pope. But let us refer to the fe
deral constitution, and fee the power
placed in the hands of the prelident.
We will begin with the folernn oath
which he takes on coming into office
—‘ Ido solemnly swear, that I will
faithfully execute the office of preh
dent of the Unired States, and will,
to the best of my ability, preserve,
protedt and defend the constitution of
the United States.’ This is the oath
of office, he mull preserve, proted and
defend ; but he cantoot add to or alter a
tittle ofthe constitution ; and although,
without pretending to omniscience or
infallibility, he may difeover defects in
the conftitbtion, yet in thiscale he can
only recommend to the confideralion of
congress such measures as he may
judge neceflary and expedient—ex
cepting on extraordinary occasions,
and then his power is extended so far
as to convene both houfts , or either of
them.
If, then, no article of the law of
the land prohibits my joining the ar
mies of France, I was at liberty l’o to
do, notwithstanding the proclamation 1
of the president: for he had no power
to reltrain my political liberty. But
when power is so far misused, as,
upon the flighted grounds, to attack
the freedom and the life and property
of the citizens, it is full time to exa
mine the government we live under ;
as a freeman I will do it, and as a just
rrian I will neither leflen nor milre
prel'ent.
1 am accused, among others, of
being concerned in levying and arm
ing the citizens to march out of the
state, and to enter the service of the
French republic ; and the accufatioil
has been supported by the oath of one
—it goes on with declaring that the
armament, under myfelf, is intended
againlt fame of the Spanifr ifands be
longing to the king of Spain —No men
tion of levying war againlt this state,
or any other of the union.
1 have laid that colonel Hampton
took my body in cullody under the
bench warrant, on Saturday the 7th
inst. and when he was to adt under
the committee’s warrant, his urbanity
prompted him to propose my fending
for an intimate and confidential friend,
who fliould search my papers for trea.
fonable correspondence. 1 declined
at firlt, but upon the colonel’s faying
it would be, in every llage of the bu
siness, more fatisfadlory to him, I then
proposed captain T. Hall, and accord
ingly one of the persons attending the
Iheriff went in search of him, and both
came about 11 o’clock at night. Soon
after a search took place, where my
papers lay exposed, or where draw
ers, trunks, and boxes were found,
which w'ere not secured by locks. A
man long in public service, and who,
while his country was invaded by Bri
tilh tyranny, in consequence of the
rank he held in the army of these
United States, mdep^^' I '’"’ - of corref
pondencies in priva *, for arty
years back, could r pof
felfion of many pap ir of
two o’clock in the ri ,r•• ; the
progress made \va t bnaii, I saw
the difficulty attr . the b finefs,
and endeavoured e n tlu ivility
and politeness w which the flierifF
acted, by propo fai 1.0 1 ; placed
on the locks am ir v> ■ of y delk,
and pledging m noi dr r I would
not in any wife • ary i ’ vrmation
to any one, c-.re te papers,
and thataber be pared for
the Iheriff, t. : >t - i.:n light re
turned the search 11 2 co
ed ; giving mv 1 t ole oo? v .*> 1
chamber sci the re--’ >Y, adminijifat r/A.%
night. Tb beirr ■■uMpator.
Hall, as c! k of——-—-
the official Tc: luWcnucr, aV.ou.
. very I)l, irk rr -m
ers, and a wo , twt .„ x y A, s
and felf II ’he ‘ Wii, and has a (c.i s
the Iherifl * i ;it r is Wcll kimwl
morning ,u firi in K , o i. 0 r
search. Uav\ Bay, 0
whole of my
secured ’ L\E BURNvk..
seals he lu
[6 Dollars per Ann.
[No. 7.