Below is the OCR text representation for this newspapers page.

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.