The Newhampshire gazetteer — Exeter, N.H., 1790-01-23 00:00:00, page 1

NEWHAMPSHIRE GR ZETTE E R.
MISCELLANY.
>H!LADELrHI6, DEC. ig, 1789.
In CONVENTION.
Report of the Committee appointed
to „epare the draft of the NEW
CONSTITUTION.
(Concluded front oar last.)
WE. & ,ee,le of the Conenoreweabb
y &wtf%tea, ordain and y^W
0# Confttaflion for in Government.
ARTICLE V.
Seaion 2. qpHE Chancellor of the
X Commonwealth, the
- Judges of the Supreme Court, and the
Judges of the Several Courts of Com
mon Pleas (hull be commissioned and
hold their offices during good behavi
our ; and shall at ft,tea times, receive
for, their service a compensation which
shall not be diminished during their
continuance in office: Bat the Go
vernor may remove any of them on
the address of two thirds of each
branch of the Legislature.
3. The Chancellor, in addition to
the other powers and duties of his of.
bce, shall cause to be tried, by a jury,
such material fads as either party shall
• Require to be so tried, provided a fpe
cification of the fa&a be made id writ
ing.
4. The Supreme Court and several
Courts of Common Pleas fell betides
the powers usually exercised by such
Courts, have the powers of a Court of
Chancery so far as relates to the ob
taining of evidence from places with
out the State.
s.Until it shall be otherwise directed
by the legislature, the several Courts
of Common Pleas shall be established
in the following manner: The State,"
hall, by law, be divided into circuits,
any of which shall not include more
4han nor fewer than
Counties : A President shall be ap
pointed for the several Courts in each
circuit, who, during hit continuance
in office, shall reside within fifth cir
cuit; and one Judge shall be appoint
ed from every county within fetch cir.
tuit, who during his continuance in
office, shall reside within such county :
Such President and Judges, or any
three of them, shall be the Judges who
—shall comppfe the several Courts of
Common Alerts. £
6. The Judged of Courts of tom
ton Pfeds refpeaively, during their
tentinuance in office, ffiaH, the Pre-
Mident beirig one of them, be Juf
tides of Oyer arid Terminer & Gene
ral Goal Delivery, for the trial of
capital and other offenders, for each of
the counties within the laid circuits
tefpeaively: But they shall riot Laid
a court of Oyer and Terminer and
, General Goal Delivery in any county,
wtarthe Judge of the Supreme Court
& some of them, shall be fettingjin the
fame county.
fl The. Judges of the Courts of
Common Pleas refpeaively fhall,dar
ing their continuance in office, be
Suffices of the Courts of Quarter Sef.
lons for each of the counties within
the said crcuits refyeaively: And
they fhali, when fitting in a coun
ty; compose the Orphans' [ Court
and Regiftej 's Court for that County:
But the fudge whodhall reside therein
Jia the Regiftera of Wills may at ail
•the# times, hold such Courts, fub
fra to the revision and decrees of the
Qrpha„'Cowt upon appeal or other*
Here,rasa, range tbe,orldfrorapole topole, Increafejour knowlege,and delight, fffti; Travel all countries,,!inf erm ,ourfafe, With case andfafet, at a find exprafe
Published by H. Ranlet, in the Main Street, Exeter ; O where Subscriptions, Advertifemeats, arid all Favours, are gratefully received.
ARTICLE VI.
Seaion I. SHERIFFS and Coro,
ners shall, at faplacet of the election
of Representatives, be chosen for three
years, by the citizens of each count,
refpeaively; two persons stall be
chosen for each office, one of whom
for each, shall be commissioned by the
Governor ; nqgrfon shall continue
in the office of fheriff more than three
years successively.
1. The freemen of this Common
wealth shall be armed and difeipliued
for its defence : The militia officers
(hall be appointed in such manner,
and far such time, as (hall be, by law
directed.
, ARTICLEm
ALL debts contrasted and engage,
menu emrered inio, before the eftab
liihmentof this Confutation, shall be
M,<fa against the commonwealth,
11. A competent number of Jdf
tices of the Peace for each county shall
from time to tirae, be ascertained by
law ; and the citizens of each county
refpe&vely (hall, at the general elec
tion, choose double that number, or
of the vacancies, that may Happen, &
return their names to the Governor;
who shall appoint and tommi&n, for
years, if so long they behave
ihrtfefo well, half ©:m cumber
so elected and returned : But this
mode of appointment may be altered
as the Legislature shall, by law; di.
re&. N ,
U. A Registers office for the pro
bate of wills, and granting letters of
adminiftratian; and an office for the
recording of deeds shall be kept in
each bounty. „ %
, 13. Prothonotaries; Clerks if the
Peace and Orphans' Courts, Record
ers of Deeds, Registers of Wills arid
Iheriffs shall keep their offices in the,
county town of the county, in which
they refpeaively shall b^ officers.
Arid circuit officers shall keep their
offices in some coupty town within
their circuits refpeaively;
14. The stile of all process fha'l be
Comtowealtb of PtnnJ)lvania,
All prosecutions tail be tarried on in
the name and by the authority of
Tbe CMmonwedltb of PwtJjlvaxia,
and shall conclude, against the peace
and dignity of the fame.
8. the Judges of the Courts of
Common Pleas shall have the like
powers with Judges of the supreme
Court to issue writs of Certiorari to
the Jnftices of the "Peace within
the several counties refpeaively, and
to chfe their proceedings co be bro't
before them, and the like right and
justice to be done.
9. The Judges of the Courts of
Common Pleas Iha!i be Conservators
of the Peace within the several Coun
ties of the circuits in ,which they shall
be empowered to hold Courts.
tc. A Court of Chancery Rail he
eftabljihedwithin each of the said cir
cuits, except that which the high
court of Chancery, fliall be ftatedly
held, and the President of the said
Court of Common Pleas refpeftivey
shall hold the fame, and be ftilel the
Chancellor of such circuit: He (halt
possess and exercise therein the like
power with the Chancellor of thgCom
mon weal th, except power of granting
injunctions to stay the proceedings or
suspend the judgment of any common
law courts : The mode of Proceeding
(hall be the fame as fha'l be uted in
the high court of Chancery. From
any interlocutory or final decree in
the Chancery of any circuit, there
(ball be an appeal to the Chancellor
of the cog;mon wealth.\
-7. H-E
TWO Parisian merchants, ftroij.
ly united in fritend ^ip, bad
e@p\ one child of different seres, who
early contrifled a strong inclination
for each other, which was cheriffied
by the parents; and they were flatter
ed with the expectations of being
joined together for life. , Unfortu
nately,at the time they thought them-
Selves on the point cf completing this
lorig-wiffied for union, a man, far ad
vanced in years, and poffelfed of in
immente fortune, cast his eyes on the
lady, and made honorable proposals ;
her parents could hot refill the temp
tation of fentin law, in such affluent
circumstances, and forced her to com
ply. As food Ms the khat was tied;
She enjoined her former lover never
to fee her, and patently submitted to
hrffa& 1 but the anxiety as her mind
preying on her body, which threw her
in a lingering disorder that apparent
ly carried her off, & die was consigned
to her grave. As soon as this melan
choly event reached the lover, his af
fliftion was doubled; being deprived
of all hopds of her widowhood : but
recollecting, that in her youth She
was for some time in a lethargy, his
hopes revived, and hurried him to the
place of her burial; where 4 good bribe
procure him the sexton's permtffioh to
dig her up, which he performed and
removed her to a place of faiety, where
by proper methods he received the
almost extinguished fprirl of life.-*
Great was her surprise at finding the
Rate the had been in I arid probably
as great <as her pleafuierat the means
by which She had been recalled from
th, grave; Ai soon as she fas fuf.
fieiently recovered, the lover laid his
Claim, and his reafohs; fopported by a
powerful inclination on her fide, were
too strong for her to iehft; but as
France was no longer a place of fafety
for them, they agreed to remove to
England, where the, Continued ten
re", w ben a strong inclination of re
revising their native country Seized
them; which they thought they might
Safely gratify, add accordingly per
formed their Voyager
The lady was fd unfortunate as to
be known by her old hatband, whom
she met in a public walk, and all her
endeavours to disguise herfelf we,e in
effectual : he laid his claim to be, be
fore a court of justice, and the lover
defended his right; alledging the hut
band, by burying her, had forfeited ,
hit title; and that he had acquired a
just one, by freeing he/ from the grave,
and delivering her from the jam of
death, These feafons,whatever weight
they might have in a coat where love
prefixed, seemed to have tittle effect
on the grave fypof the law land the
Section L SCHOOL or schools
"milbe eddblifhed in each county for
the inftru&ioa of youth, & the State
fall pay to the matters such salaries
as shall enable them to teach at low
prices. ,
2. The arts, Sciences, and nil ufe
§ learning shall be promoted in one
0- ? >re universities.
.Religions fetid,tea tied corporate
shall be profited in their
rights, immunities and states.
under this constitution as they have
been heretofore.
Account of an extraordinary adventure.
Extraaed from an autbentick work,
published in, France, under the tith,
'' Lee caetfee celebres."
ARTICLE VIII.
Mr. Robespierre's Speech
In the National Affembl,
ofFrarice;
ROBLoPiaRRE dechired,
that on a fabjea of such im
portance as the Liberty of the Press,
he confideted it his duty to falicit the
attention of the Alterably for a few
minutes. He entertained a very dis«
ferent opinion from some gentlemen
who endeavoured to check the growth
of French Freedom; by. fettering the
Liberty of the Press; , He hoped, naf
be conjured all prefcrit to weigh the
dreadful confequenCes of such a met
fare; If, fays he, you pant for Lib
erty , the glorious reward of your rirote
derfal achievement.—ls von with 10
eftablilh that inestimable blessing on
the rtioft permanent basis—is you are
anxious for your honour and glory
let this truth be deeply impressed up
on your minds; that the Freedom of
the Press will contribute more to the
Freedom and hap^inefs of the people,
than all the combined strength of your
National MUitia.-==~The sword,
or the bayonet ma, accompany fuddel
and extraordinary revolutions ; but to
the arts of civilization; to chafe manly
and exquife refinements, to the gnu
limited exercise of our mental facul
ties—matt we owe the preservation of
&zr liberty. T&wto&re «e to at
tribute the influence and grandeur of
Great-Britain , The navy and arm,
of England are deservedly fubje^s of
wonder arid applause throughout Eu.
rope. They now appear equal; per
haps I may fay; by the leave of my
brave countrymen, fu periour to ans
other nation., But to this invincible
power alone the generous English owe
not the prefervanon of liberty. The,
are indebted to their salutary laws— to
freedom of speech and of the press j
which qualities united;, direct and
command the exertions of the miniftrf
towards theif warlike arrangements. .
M. Robespierre Chen proceeded, ty
frying that it was well known a milk
tary force was very dangerous to lib
erty ; and; unless the civil power werd
paramount, a mari of good addrefri
might so far obtain an afcendanc,
over the troops; that lie might per^
fuade them to espouse any political
convulsion inimical to the spirit of in;
dependence and liberty. He had on
ly to nod assent; and they would im<
mediately stand forward in fripport of
his ambitions measures, to the over#
thrort of every, good system of govern,
ment, and to the deftrudion of all the
enjoyments and blessings of freedom
By the liberty of the Press, by the
: frrie difeurtion of every mail's fentin
ments among his fellow fubjeds, the
faltitary barrier would be placed be
tween the civil power & the military,
that happy equilibrium, which would
give permanency to our valuable pri
vileges, and vigour to oar operations
both at homriand abroad.t
He confidfred the PRESS, free grid
unfettered, as one of the greatest blef
ffngs of Providence. But while
he beheld 1 if with erithufiafra, he
fold by no means whatever, en
courage art irrefponffble Ikendouf.
ne fi, either in fate affairs or religion.
This wat the rock on which tome
tifflei the adteatoß merit#, re.
THE LIBERTY OF THE
PRESS.
lady with her lover; not thinking it
fafe to wait the determination of the
court, prudently retired a second time
out of the kingdom.
[VOL. IV.— Numb, ifi